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cc 2023 AR 04/11 as-needed constuction management award of contract

Vista City Council
April 11, 2023

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cc 2023 AR 04/11 as-needed constuction management award of contract
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April 11, 2023
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Vista City Council
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ACTION:

Clerk/Secretary
Department: Engineering Item No: C3
Prepared by:

Matt Atteberry, Engineering Division Manager
Erin Adams, Management Analyst Meeting Date: April 11, 2023 Approved by:

Greg Mayer, Acting Engineering Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: AS-NEEDED CONSTRUCTION MANAGEMENT SERVICES – AWARD OF CONTRACT RECOMMENDATION:

1. Adopt City Council Resolution No. 2023- , awarding a contract to CJC Construction Consulting, Inc. for as-needed construction management services.

2.Adopt City Council Resolution No. 2023- , awarding a contract to Project Professionals Corporation for as-needed construction management services.

3.Adopt City Council Resolution No. 2023- , awarding a contract to Valley CM, Inc. dba Valley Construction Management for as-needed construction management services.

CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.

PRIOR ACTION: On June 28, 2022, adopted City Council Resolution No. 2022-108, approving a Six- Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects (Vote: 4-0, Ritter absent (Ritter experienced technical difficulties)).

STATEMENT ON THE SUBJECT: The City has many diverse Capital Improvement Program (CIP) projects that utilize Design-Bid-Build and Progressive Design-Build delivery methods. Managing the construction of these projects requires significant staff time that would otherwise be directed at designing additional CIP projects. Therefore, staff recommends contracting with three consultants for as-needed construction management services.

On February 1, 2023, staff issued a Request For Proposals (RFP) for as-needed construction management services. The RFP was advertised on the City’s website and the City’s procurement portal, ProcureNow.

The following eleven firms responded to the RFP:

Firm Office Location
CJC Construction Consulting, Inc. Vista, CA
Dudek Encinitas, CA
Gafcon San Diego, CA
AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution Nos. 2023-46, 2023-47, and 2023-48. Vote: 5-0

MEETING DATE: April 11, 2023 PAGE 2

SUBJECT: AS-NEEDED CONSTRUCTION MANAGEMENT SERVICES – AWARD OF CONTRACT L2 Solutions Group LLC Oceanside, CA
New City Consulting, Inc. Bonsall, CA
PdM Consulting, Inc. Oceanside, CA
Project Professionals Corporation San Diego, CA
Psomas Roseville, CA
Reilly Construction Management, Inc. Escondido, CA
Richard Brady & Associates, Inc. San Diego, CA
Valley CM San Diego, CA

Staff reviewed the proposals based upon predetermined criteria identified in the RFP, including overall experience, projects of a similar nature and knowledge, and understanding of state and local regulations.

Staff then reviewed the schedule of rates and determined both to be fair and equitable with respect to expertise and geographic region.

Staff recommends awarding as-needed contracts to CJC Construction Consulting, Inc., Project Professionals Corporation, and Valley CM dba Valley Construction Management each with a contract ceiling of $450,000.

FISCAL IMPACT: Each as-needed contract has a ceiling of $450,000 over a three-year term with an option to extend up to an additional two years. Purchase orders will be requested on an as-needed basis for anticipated need from the Capital Projects Budget.

EXHIBITS:

1. City Council Resolution No. 2023- , awarding a contract to CJC Construction Consulting, Inc. for as- needed construction management services

2. City Council Resolution No. 2023- , awarding a contract to Project Professionals Corporation for as- needed construction management services

3. City Council Resolution No. 2023- , awarding a contract to Valley CM, Inc. dba Valley Construction Management for as-needed construction management services

4. Contract with CJC Construction Consulting, Inc.

5. Contract with Project Professionals Corporation

6. Contract with Valley CM, dba Valley Construction Management

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A CONTRACT TO CJC CONSTRUCTION CONSULTING, INC. FOR AS-NEEDED CONSTRUCTION MANAGEMENT

SERVICES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Pursuant to section 3.08.040 of the Vista Municipal Code, a request for proposals (RFP) was issued on February 1, 2023.

B. Eleven proposals were submitted in response to the RFP and were evaluated based upon the predetermined set of criteria identified in the RFP.

C. Staff recommends the selection of CJC Construction Consulting, Inc. as one of the consultants to provide as-needed construction management services.

2. Action.

A. The contract between the City of Vista and CJC Construction Consulting, Inc. for as-needed construction management services with a ceiling amount of $450,000 is approved, and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on April 11, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20230320095009
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
04/11/2023 C3 Page 3 of 209EXHIBIT 1

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A CONTRACT TO PROJECT

PROFESSIONALS CORPORATION FOR AS-NEEDED CONSTRUCTION

MANAGEMENT SERVICES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Pursuant to section 3.08.040 of the Vista Municipal Code, a request for proposals (RFP) was issued on February 1, 2023.

B. Eleven proposals were submitted in response to the RFP and were evaluated based upon the predetermined set of criteria identified in the RFP.

C. Staff recommends the selection of Project Professionals Corporation as one of the consultants to provide as-needed construction management services.

2. Action.

A. The contract between the City of Vista and Project Professionals Corporation for as-needed construction management services with a ceiling amount of $450,000 is approved, and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on April 11, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20230320095302
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
04/11/2023 C3 Page 4 of 209EXHIBIT 2

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AWARDING A CONTRACT TO VALLEY CM, INC. DBA

VALLEY CONSTRUCTION MANAGEMENT FOR AS-NEEDED

CONSTRUCTION MANAGEMENT SERVICES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Pursuant to section 3.08.040 of the Vista Municipal Code, a request for proposals (RFP) was issued on February 1, 2023.

B. Eleven proposals were submitted in response to the RFP and were evaluated based upon the predetermined set of criteria identified in the RFP.

C. Staff recommends the selection of Valley CM, Inc. dba Valley Construction Management as one of the consultants to provide as-needed construction management services.

2. Action.

A. The contract between the City of Vista and Valley CM, Inc. dba Valley Construction Management for as-needed construction management services with a ceiling amount of $450,000 is approved, and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on April 11, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20230320095452
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
04/11/2023 C3 Page 5 of 209EXHIBIT 3

00110651 1 1 of 10 CJC CONSTRUCTION CONSULTING, INC.

Professional Services – RFP – Prevailing Wages

CONTRACT FOR PROFESSIONAL SERVICES

AS-NEEDED CONSTRUCTION MANAGEMENT SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Matt Atteberry
Billing Contact: Erin Adams
The “Contractor”
CJC Construction Consulting, Inc., a
California S Corporation
1706 Warmlands Ave
Vista, CA 92084
Contact: Chad Costello

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in (“Exhibit A”).

2.2 The “Required License” for the Services is: N/A.

2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.

2.4 The “Project” for which the Services are required is described in Exhibit A.

2.5 Contractor has submitted to City a Proposal to perform the Services dated February 14, 2023 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is: $450,000.

2.7 This Contract requires the payment of prevailing wages. As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the Labor Law Compliance Form (Exhibit D).

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional 24 months, in increments of City’s choice, for a maximum Term of 60 from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to 04/11/2023 C3 Page 6 of 209EXHIBIT 4

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the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies, and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material, and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished, and installed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor , if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded. 04/11/2023 C3 Page 7 of 209

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5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E and the Standard Specifications (defined below).

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.

9.0 STANDARD OF PERFORMANCE

9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

10.0 STANDARD SPECIFICATIONS AND STANDARD PLANS

10.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:

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Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.

10.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:

San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.

11.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:

City: The City of Vista.

Board: The City Council of the City of Vista.

Drawings or Plans: All drawings, plans, maps, profiles, and diagrams delineating the work on the Services.

12.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

12.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

12.2 Contractor represents and warrants that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.

12.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

12.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

12.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and 04/11/2023 C3 Page 9 of 209

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subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

12.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.

13.0 CIVIL RIGHTS

13.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

13.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

13.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

13.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

13.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

13.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

13.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not 04/11/2023 C3 Page 10 of 209

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limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

14.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

15.0 ASSIGNMENT AND SUBCONSULTING

15.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

15.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

16.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.

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17.0 FINANCIAL` RECORDS

17.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

17.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

18.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

19.0 CONFIDENTIALITY

19.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

19.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

19.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
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20.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent, or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

21.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

22.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

23.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

24.0 SERVICE OF NOTICE

24.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the 04/11/2023 C3 Page 13 of 209

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address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

24.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

28.0 PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774–1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.

No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

29.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original 04/11/2023 C3 Page 14 of 209

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00110651 1 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS
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To whom it my concern,
We appreciate the opportunity to propose on the City of Vista As-Needed Professional Construction Management Services contract.

CJC Construction Consulting, Inc. is located at 1706 Warmlands Ave, Vista CA 92084. Chad Costello is the primary contact and can be reached via telephone at (760) 521-6811 or via email at [email protected].

CJC Construction Consulting, Inc. has been providing professional construction management services to Cities, Water Districts, and Sanitation Districts throughout Southern California since 2011. We are committed to providing top quality professional construction managements services while working diligently to promote good working relationships with all the departments within an organization. We have a proven track record of prompt, clear, and concise communication with the public. We pride ourselves in the ability to efficiently coordinate and communicate with all utilities, adjacent cities, Homeowners Associations, Property Management Companies and School Districts which are often crucial components for the successful completion of projects.

Chad Costello will be committed to the City of Vista for the duration of this contract. Mr. Costello is the owner, principal, and only employee of CJC Construction Consulting, Inc.

CJC Construction Consulting, Inc. can meet the insurance requirements outlined in this proposal and is willing to execute the Professional Services Agreement with the City of Vista with the only exceptions outlined in the exemption letter provided with this proposal as appendix A. 04/11/2023 C3 Page 41 of 209

2.2 - Company Information

2.2.1. Identification of Responder.

Chad Costello (760) 521-6811 or [email protected]

2.2.2. Legal name and address of the company.

CJC Construction Consulting, Inc.
1706 Warmlands Ave.

Vista, CA 92084

2.2.3. Identification of the parent company.

Not applicable.

2.2.4. Addresses of offices located in San Diego County 1706 Warmlands Ave.

Vista, CA 92084

2.2.5. Number of employees in San Diego County.

One employee.

2.2.6. Name, title, address, and telephone number of person to contact concerning the proposal.

Chad Costello, Principal, 1706 Warmlands Ave, Vista, CA 92084. (760) 521-6811

2.2.7. California Department of Industrial Relations (DIR) Number.

Not Applicable (see exemption letter provided as appendix A)

2.2.8. Secretary of State Entity Number.
3389911

2.2.9. Contractor’s License applicable to the proposed Scope of Services.

Not Applicable.

2.3. Proposed Task Order Approach – Discuss one generalized approach to time-budget management, documentation, requirement from the City, consideration for consultant’s workload at the time of the task order issuance, and quality assurance and quality control (QA/QC) program. 04/11/2023 C3 Page 42 of 209

CJC Construction Consulting, Inc. has always implemented a budget-minded, time-efficient approach to the management of all projects and have on several occasions finished projects with substantial budget remaining. Being that Chad Costello is the only employee, workload at the time of task order issuance is not a concern. Quality assurance and quality control is a top priority and is accomplished by taking a hands-on, proactive approach to every project making sure all project documents are reviewed and understood prior to the start of construction. Quality assurance and quality control are maintained by implementing a high level of attention to detail, organization, clear and concise communication with field staff, as well a thorough project documentation. We have developed our own filing and tracking systems for various projects and have also utilized client’s filing and tracking matrix. We are willing to adopt whatever option the client requires.

2.4 Project Team and Organization Chart

2.4.1 Describe project organization, including identification and responsibilities of key personnel.

Chad Costello will be the Construction Manager and only person working on the projects.

He will maintain all project files and organize them according to the client’s instructions and the requirements of the contract.

2.4.2 Indicate roles of prime and all sub-consultants.

CJC Construction Consulting, Inc. will be the prime consultant and will provide all professional construction management services. No sub-consultants will be utilized.

2.4.3 Provide a discussion of the experience of the Project Manager and other key staff members that would be involved with performing on-call services for the City. Describe their experience with the Design Build delivery method and the management of Design Build projects.

Chad Costello has been performing CIP project management since 2011 on a wide array of projects for various agencies. Mr. Costello’s project portfolio consists of the successful completion of potable and recycled water system upgrades, rehabilitation, emergency repairs, new installation, sewer systems repairs, maintenance and upgrades, storm water system maintenance, repairs and upgrades, ocean pier structural repairs, landslide prevention measures and repairs, retaining structure installation, historical building rehabilitation, building tenant improvements, tunneling, reservoir construction, reservoir management systems, reservoir chemical injection systems, street rehabilitation and maintenance, commercial pool rehabilitation and construction, beach access staircase, pedestrian overpass bridge maintenance, Sheriff substation construction, City council chambers construction, City Hall building tenant improvements, as well as cathodic protection systems for ocean pier and recycled water pipelines. Mr. Costello has been asked to consult on the design of many of the listed projects but most recently has 04/11/2023 C3 Page 43 of 209

consulted on the design of an emergency backup generator system for the City of San Clemente.

2.4.4 Provide resume of the Project Manager and other key staff members who will work on this contract. The resume shall include relevant experience, education, licenses, and certifications. The resume for each individual shall not exceed two pages in length.

Resumes may be included as an appendix to the main document.

Chad Costello resume appendix B.

2.4.5 Describe proposed line-of-communication between the City, prime team members, and sub-consultants.

Chad Costello will be the prime team member and will handle all correspondence between the City and CJC Construction Consulting, Inc. No sub-consultants will be utilized.

2.4.6 California Department of Industrial Relations (DIR) Number and Secretary of State Entity Number for all subconsultants.

Not applicable.

2.5 Consultant’s contact information.

Chad Costello (760) 521-6811 or [email protected]

2.6 List of officers authorized to sign on firm’s behalf.

Chad Costello or Jennifer Costello.

2.7 References – The Consultant shall provide a minimum of three (3) references for similar projects for the prime firm. At least one reference shall be from the projects listed in Section 5.8. At a minimum each reference shall include the client’s name and location, number of projects completed for the client, client contact name and phone number.

City of San Clemente – Kiel Koger (949) 361-6187 (four projects completed) Laguna Beach County Water District – Kevin Lussier (949) 494-1041 (ten projects completed)
City of San Clemente – Shawn Ryan (949) 361-6122 (five projects completed)

2.8 Experience

2.8.1 Provide a brief description of Consultant’s experience in completing similar efforts within the last 5 years.

For the past five years Mr. Costello has worked almost exclusively for the City of San Clemente under an as-needed construction management contract completing various complex, high-profile, and politically sensitive projects successfully. Some of the projects 04/11/2023 C3 Page 44 of 209

include a new City Council Chambers, Orange County Sheriff’s Substation, City Hall Remodel, and North El Camino Real Landslide Repair project. Mr. Costello has most recently completed a fiber optic installation project. Mr. Costello is currently working on the annual slurry seal project and a pedestrian mobility sidewalk project for the City of Vista.

2.8.2 Provide a detailed discussion of specialized experience in completing the scope of required services listed above.

Over the years of managing and inspecting public works projects, Mr. Costello has acquired specialized experience working on a wide variety of projects. Some of the specialized skills include detailed documentation of the project, which has been key when negotiating change orders and resolving disputes with contractors. Communication with the public, homeowner’s associations and property management companies is also one of Mr. Costello’s specialized skills, for which he has been commended many times by clients, City Managers, Mayors, and City Council members. A fair but firm approach has always been implemented as Mr. Costello’s management style and has resulted in no claims made against clients even on some of the most contentious and difficult projects.

2.8.3 Projects currently being performed may be submitted for consideration.

Mr. Costello is currently working on the City of Vista 2022 Slurry Seal Project, as well as the Pedestrian Mobility Sidewalk Project on Highland Dr.

2.8.4 Project information should include a brief project description, agency or client name, their telephone number(s), the year of completion, and the contract fee.

City of Vista Pedestrian Mobility Sidewalk Project Highland Dr. Gabe Grewe (760) 643- 5413. Currently under construction. Construction Management budget $16,537.50.

City of Vista 2022 Slurry Seal Project. Matt Atteberry (760) 643- 5410. Currently under construction. Construction management budget $49,612.50.

City of Vista Luz Duran Park & Downtown Wi-Fi Project. Matt Atteberry (760) 643-5410.

Completed January 2023. Construction management budget $22,050.00.

2.8.5 Identify team members proposed for this RFP and their roles on the representative similar projects.

Chad Costello, Construction Manager.

2.8.6 Exceptions to RFP – Consultant shall certify that it takes no exceptions to the RFP including the Sample Agreement. If the Consultant does take exception(s) to any portion of the RFP, the specific portion to which exception is taken shall be identified and explained.
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CJC Construction Consulting, Inc. takes exception to the requirement to provide Workers’ Compensation Insurance and the requirement to register with the Department of Industrial Relations. CJC Construction Consulting, Inc. is a one-employee company and therefore is exempt from acquiring Workers’ Compensation Insurance. The construction management duties required under this RFP fall outside the requirements of the Department of Industrial Relations and therefore would nullify the requirement to register. Please review the exemption letter provide as appendix A.

2.9 Rate Schedule (separate electronic file uploaded to OpenGov Procurement, excluded from the page count limit):

2.9.1 Rate Schedule – A separate sealed rate schedule for Time and Materials for all personnel and sub-consultants. Service costs are to be provided on a per hourly basis and the proposed rates shall clearly correlate with names and classifications of key staff likely to be involved with the projects.

Acknowledged. See rate schedule under separate cover.

2.9.2 Billing -The City requires that all billing for work done by the end of a billing period be submitted to the City on a monthly basis. Each billing shall be submitted with a status report describing work performed. Final billing will be approved for payment only after a completed status report has been approved by the City.

Acknowledged and understood.

2.9.3 Overtime Pay – List procedures used for applying overtime rate for non- exempt employees. Indicate the normal hours of work and overtime rate for non-exempt employees.

Not applicable. All hours will be billed at the agreed upon hourly rate.

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Appendix B

CHAD COSTELLO
1706 WARMLANDS AVE.

VISTA, CA 92084
(760) 521-6811

Chad Costello has over 26 years of construction experience, 11.5 of which have been performing construction management and inspection services on public works construction projects.

Chad began his construction career in 1997 as a carpenter constructing and framing tract and custom homes for Hondo Construction & Development in Beaumont, California.

In March of 2001, Chad began working for DYK in their Prestressing Division. He began as an operator/foreman of a prestressing crew and was promoted to superintendent in 2003. He had responsibility for the maintenance, operation, and calibration of state-of-the-art prestressing equipment as well as managing crews ranging in size from 2 to 12. While working at DYK Chad obtained his NCCCO crane operators’ certification.

After leaving DYK Chad went to work for Triton Structural Concrete working as a crane operator and equipment operator on various Military base housing projects.

Chad then went to work for Gateway Pacific also as a crane and equipment operator while also helping on the cast in place concrete crew when not operating equipment.

The opportunity to move out of the labor side of construction and into the management side presented itself in mid-2011. Chad proposed on and was awarded a contract as a sub-consultant of Dudek for the construction management and inspection of a new prestressed water reservoir, associated pipelines, and concrete access road for the Triunfo Sanitation District.

Since this project Chad has managed and inspected a wide variety of public works projects which can be found under the projects list of the resume.

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Appendix B
References to be contacted upon selection:

Kiel Koger
Public Works Director, City of San Clemente.
(949)361-6187
Kevin Lussier
Manager of Operations, Laguna Beach County Water District. (949) 494-1041
Shawn Ryan
Senior Civil Engineer, City of San Clemente.
(949) 361-6122
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Appendix B
Project List

Project: City of Vista Pedestrian Mobility
Sidewalk Project Highland Dr.

Owner: City of Vista.

Engineer: City of Vista.

Construction Management: Dudek &
CJC Construction Consulting, Inc.

Project: City of Vista 2022 Slurry Seal
Project.

Owner: City of Vista.

Engineer: City of Vista.

Construction Management: Dudek &
CJC Construction Consulting, Inc.

Project: City of Vista Luz Duran &
Downtown Wi-Fi Project.

Owner: City of Vista.

Engineer: City of Vista.

Construction Management: Dudek &
CJC Construction Consulting, Inc.

Project: City of San Clemente Council
Chambers.

Owner: City of San Clemente
Architect: Gensler, Newport Beach, CA
Design Consulting & Construction
Management: Dudek & CJC
Construction Consulting, Inc.

Project: City of San Clemente City Hall
Elevator Cab Interior Remodel.

Owner: City of San Clemente.

Design Consulting & Construction
Management: Dudek & CJC
Construction Consulting, Inc.

Project: City Hall Emergency Backup
Generator Design.

Owner: City of San Clemente.

Design Consulting: Dudek & CJC
Construction Consulting, Inc.

Project: City of San Clemente Storm
Drain Catch Basin Retrofit Project.

Owner: City of San Clemente.

Construction Management and
Inspection: Dudek & CJC Construction
Consulting, Inc.

Project: City of San Clemente Orange
County Sheriff’s Substation
Owner: City of San Clemente
Architect: Gensler, Newport Beach, CA
Design Consulting & Construction
Management: Dudek & CJC
Construction Consulting, Inc.

Project: City of San Clemente North El
Camino Landslide Repair Project.

Owner: City of San Clemente.

Engineer; LGC Geotechnical, Inc. San
Clemente, CA.

Construction Management and
Inspection: Dudek & CJC Construction
Consulting, Inc.

Project: City of San Clemente Reservoir
Nine Storm Damage Repair.

Owner: City of San Clemente
Engineer: Stantec

Project: City of San Clemente City Hall
First Floor Remodel
Owner: City of San Clemente
Architect: Gensler, Newport Beach, CA
Design Consulting & Construction
Management: Dudek & CJC
Construction Consulting, Inc.

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Fee Schedule
Construction Manager
Chad Costello - $157.50 per hour.
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Appendix A

To whom it may concern,
Please accept this letter outlining the reasons that CJC Construction Consulting, Inc. is exempt from carrying a Worker’s Compensation Policy and from being required to register with the Department of Industrial Relations (DIR).

CJC Construction Consulting, Inc. is a one-employee (Chad Costello is an Executive Officer and fully owns the corporation) corporation that is allowed as an option under California law to not carry a Worker’s Compensation Policy.

The duties and tasks outlined in the City of Vista’s RFP for As-Needed Professional Construction Management Services, in our opinion, falls outside the prevailing wage payment guidelines and reporting requirements of the DIR and therefore would exempt CJC Construction Consulting, Inc. from having to register with the DIR. A review of the Public Works Coverage Determinations from 2006 to 2023 listed on the DIR website did not produce any determinations that indicated Professional Construction Management Services fell under the jurisdiction of the DIR.

Regards,
Chad Costello
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00110651 1 Exhibit B

EXHIBIT B
CONTRACTOR’S PROPOSAL

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00110651 1 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1.Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3.Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1.The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 04/11/2023 C3 Page 58 of 209

00110651 1 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2.For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3.Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1.The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2.Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4.A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 04/11/2023 C3 Page 59 of 209

00110651 1 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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00110651 1 Exhibit D

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:

1.No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

2.Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.

3.Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.

4.Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.

5.Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6.Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7.Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature Date
Name/Title Company:
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00110651 1 Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.
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00110686 1 1 of 10 PROJECT PROFESSIONALS CORPORATION
Professional Services – RFP – Prevailing Wages

CONTRACT FOR PROFESSIONAL SERVICES

AS-NEEDED CONSTRUCTION MANAGEMENT SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Matt Atteberry
Billing Contact: Erin Adams
The “Contractor”

PROJECT PROFESSIONALS
CORPORATION, a California S corporation
4499 Ruffin Road, Suite 250
San Diego, CA 92123
Contact: Byron Wade

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in (“Exhibit A”).

2.2 The “Required License” for the Services is: N/A.

2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.

2.4 The “Project” for which the Services are required is described in Exhibit A.

2.5 Contractor has submitted to City a Proposal to perform the Services dated February 15, 2023 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is: $450,000.

2.7 This Contract requires the payment of prevailing wages. As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the Labor Law Compliance Form (Exhibit D).

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional 24 months, in increments of City’s choice, for a maximum Term of 60 from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to 04/11/2023 C3 Page 63 of 209EXHIBIT 5

00110686 1 2 of 10 PROJECT PROFESSIONALS CORPORATION
Professional Services – RFP – Prevailing Wages
the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies, and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material, and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished, and installed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded. 04/11/2023 C3 Page 64 of 209

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5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E and the Standard Specifications (defined below).

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.

9.0 STANDARD OF PERFORMANCE

9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

10.0 STANDARD SPECIFICATIONS AND STANDARD PLANS

10.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:
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Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.

10.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:

San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.

11.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:

City: The City of Vista.

Board: The City Council of the City of Vista.

Drawings or Plans: All drawings, plans, maps, profiles, and diagrams delineating the work on the Services.

12.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

12.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

12.2 Contractor represents and warrants that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.

12.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

12.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

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subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

12.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.

13.0 CIVIL RIGHTS

13.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

13.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

13.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

13.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

13.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

13.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

13.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not 04/11/2023 C3 Page 67 of 209

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limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

14.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

15.0 ASSIGNMENT AND SUBCONSULTING

15.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

15.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

16.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations. 04/11/2023 C3 Page 68 of 209

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17.0 FINANCIAL` RECORDS

17.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

17.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

18.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

19.0 CONFIDENTIALITY

19.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

19.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

19.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
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20.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent, or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

21.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

22.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

23.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

24.0 SERVICE OF NOTICE

24.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the 04/11/2023 C3 Page 70 of 209

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address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

24.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

28.0 PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774–1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.

No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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00110686 1 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS
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00110686 1 Exhibit B

EXHIBIT B
CONTRACTOR’S PROPOSAL
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1 REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services Table of Contents

Cover Letter
Company Information ................................................................................................................. 1 Proposed Task Order Approach .................................................................................................. 2 Project Team and Organization Chart ........................................................................................ 4 Consultant’s contact information ............................................................................................... 6 List of officers authorized to sign on firm’s behalf ..................................................................... 6 References ................................................................................................................................... 7 Experience ................................................................................................................................... 8

Appendix
Staff Resumes:

Byron Wade, Esq.

Scott Johnson, PE
Derrick Anderson, PE, CCM
Gordon Day
Josh Johnson, PE
Alvin “Vinnie” Aguelo, EIT
Rachael Portillo
Guillermo “Alex” Preciado, CMIT
Olivia Pires
Amanda Vesco
Mercedes Munoz

Rate Schedule – Separate electronic file uploaded to OpenGov Procurement 04/11/2023 C3 Page 104 of 209

4499 Ruffin Road, Suite 250 ppc-sd.com telephone 858.634.8180 San Diego, California 92123 facsimile 858.634.8184
February 15, 2023
Erin Adams
City of Vista
200 Civic Center Drive
Vista, CA 92084
Dear Ms. Adams,
Thank you for the opportunity to submit our response to your Request for Qualifications for As-Needed Professional Construction Management Services. We are eager to present PPC’s qualifications to provide project/construction management services to the City of Vista.

PPC is a civil engineering firm specializing in project/construction management with a long history of working with local municipalities to deliver their projects. Our employees are all residents of the greater San Diego area capable of adapting to the City of Vista’s needs, providing a breadth and quality of service that is unique in this field.

Key to our success and why we are the best choice for Vista is our extensive experience in managing every type of capital improvement project a municipality might construct, repair or maintain. We consistently ensure quality construction at an exceptional value, accomplished through broad base experience, keen foresight, superior problem solving, expert communication and a legal foundation found nowhere else. Our ethics and conservative billing practices always put our clients’ interests ahead of our own and bring the best value to Vista.

Unique to PPC is that I am a California licensed and practicing attorney specializing in municipal representation, construction contract drafting, dispute resolution and litigation. For over 30 years, I brought these skills and knowledge to bear for the benefit of my clients and continue to do so at PPC.

PPC can meet the City’s insurance requirements and is prepared to execute the Standard Consulting Agreement as written. PPC will also not make any changes to the project team without authorization of the City of Vista.

Thank you for your consideration and this opportunity to bring PPC’s level of service to the City of Vista.

We look forward to discussing our proposal with you.

Sincerely,
Byron S. Wade
President/CEO
[email protected]
Re: Request for Proposals for As-Needed Professional Construction Management Services 04/11/2023 C3 Page 105 of 209

1 1

REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services Company Information

2.2.1 Identification of Responder
Byron S. Wade, President/CEO

2.2.2. Legal name and address of the company
Project Professionals Corporation
4499 Ruffin Road, Suite 250
San Diego, CA 92123

2.2.3. Identification of the parent company
Not applicable

2.2.4. Addresses of offices located in San Diego County 4499 Ruffin Road, Suite 250
San Diego, CA 92123

2.2.5. Number of employees in San Diego County
25 2.2.6. Name, title, address and telephone number of person to contact concerning the proposal Byron S. Wade, President/CEO
4499 Ruffin Road, Suite 250
San Diego, CA 92123
[email protected]
Office: (858) 634-8180
Fax: (858) 634-8184
Cell: (619) 244-3418

2.2.7. California Department of Industrial Relations (DIR) Number 1000010607

2.2.8. Secretary of State Entity Number
3254392

2.2.9. Contractor’s License applicable to the proposed Scope of Services Not applicable
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REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services Proposed Task Order Approach

Our task order preparation starts with the firm’s team having a complete understanding of the scope and intent of a project. This requires a thorough review of the project plans and specifications. Obtaining the engineer’s estimate and contract working days also assists the team in creating its estimate.

Establishing a project timeline allows the firm to analyze current staff members’ workloads and determine which staff members are available to dedicate the time required to manage the project to completion.

Even if a Senior or Principal Project/Construction Manager is not the primary person managing the job, there will always be Senior or Principal oversight. We understand the importance of consistency of team members on any given project and take care to allocate team members who can complete the job accurately and with efficiency.

Task orders are provided as a two-part document. The first part is a cover letter which provides a narrative explanation as to how the team reached the estimate. It echoes the parameters of the project and declares how much time over the given period each type of staff member is expected to spend to deliver the completed project. For example, we may estimate that a Senior Administrator would need to spend three hours per week maintaining the project filing system, reviewing financial documents such as invoices or change orders and ensuring logs are kept up to date.

The second part of the document is a spreadsheet with all staff titles and corresponding rates on the y- axis and month names on the x-axis. Under each month, an hourly estimate is made for each position, resulting in the corresponding monthly fee. Reimbursable costs are added to the monthly totals to produce a total estimated fee. Please see the redacted example below.

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REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services Any documents produced by PPC, or that are a part of the project that have legal or financial consequences to the client, have a two-level independent review at a minimum. This includes task orders.

The execution of a task order is a collaborative effort between a Project/Construction Manager and an Administrator with the City representative.

PPC uses software which allocates hours by job so that reports can be generated showing all hours put towards a specific job over any giving time period. In creating a task order, administrative staff can run reports which show actual hours on projects of similar scope and size thus using this information to obtain an accurate estimate. The President/CEO also reviews each task orders to ensure value to the client. 04/11/2023 C3 Page 108 of 209

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REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services Project Team

The following is a list of current key personnel at PPC. The availability of any staff member will depend on the timing and type of each project. Staff members with a high-level of expertise that may only be for specific assignments within a project are always available and are not specifically designated. Staff resumes are attached to this proposal in the Appendix.

Byron Wade, President/CEO, brings extensive experience with city projects and stays engaged in all projects to ensure quality and continuity between projects. He is a licensed California attorney who develops all contract and project documents and will represent the City in all negotiations and claims if requested.

Extensive experience with design-build projects management, contract drafting and negotiation.

Scott Johnson, PE, Principal Project/Construction Manager and Principal Civil Engineer, is a supervising engineer and provides expertise expert level management on all complex building and public works projects.

Derrick Anderson, PE, CCM, Principal Project/Construction Manager and Principal Civil Engineer, manages the delivery of large building programs and complex public works projects and provides special expertise in the delivery of design-build projects. Extensive experience with design-build projects for cities and schools.

Gordon Day, Principal Project/Construction Manager and Building Official, provided expert level plan review, building inspection and construction management services. Extensive experience with design-build city projects.

Josh Johnson, PE, Senior Project/Construction Manager, brings significant experience with municipal projects and will provide project/construction management and management of project delivery teams.

Alvin “Vinnie” Aguelo, EIT, Senior Project/Construction Manager, manages design though construction of every type of project and delivery method. Currently managing design-build projects for school district.

Guillermo “Alex” Preciado, CMIT, Project/Construction Manager, manages design though construction of every type of project and delivery method. Currently managing design-build projects for school district.

Rachael Portillo, Project/Construction Manager, manages municipal capital improvement projects.

Amanda Vesco, Senior Administrator, provides administrative management for all projects including certified payroll. Extensive experience in providing administrative support for design-build projects.

Olivia Pires, Senior Administrator, provides administrative management for all projects including certified payroll.

Mercedes Munoz, Administrative Assistant, provides administrative management for all projects including certified payroll.
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Organization Chart

5 Scott Johnson, PE
Derrick Anderson, PE, CCM
James Biasi, PE
Dennis Davies, PE
Chad Conrad, NCARB
Grace Chan

ARCHITECT, PRINCIPAL

PROJECT/CONSTRUCTION

MANAGER

PRINCIPAL

PROJECT/CONSTRUCTION

MANAGER
Josh Johnson, PE
Richard Talley
Alexia Stevens
Chris Dowler
Brian Litchfield
Alvin “Vinnie” Aguelo, EIT
Guillermo “Alex” Preciado, CMIT
Rachael Portillo
Amanda Vesco
Olivia Pires

SENIOR ADMINISTRATORCONSTRUCTION/PROJECT

MANAGER II
SENIOR

PROJECT/CONSTRUCTION

MANAGER
Gordon Day

PRINCIPAL

PROJECT/CONSTRUCTION

MANAGER / BUILDING OFFICIAL
Luis Sainz
SR. PROJECT/CONSTRUCTION

MANAGER / BUILDING OFFICIAL
Randy Garcia, EIT
Bradley Kishaba

CONSTRUCTION/PROJECT
MANAGER I Mercedes Munoz

ADMINISTRATIVE ASSISTANT
Mike Donald

COMMUNICATIONS DIRECTOR
Byron Wade, Esq.

PRESIDENT/CEO
Public Works
Inspectors Omitted

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REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services Consultant’s contact information

Byron S. Wade, President/CEO
4499 Ruffin Road, Suite 250
San Diego, CA 92123
[email protected]
Office: (858) 634-8180
Fax: (858) 634-8184
Cell: (619) 244-3418

List of officers authorized to sign on firm’s behalf

Byron S. Wade, President and Secretary
Leanne B. Wade, Treasurer

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REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services References
City of National City
Stephen Manganiello, Former City Engineer/Current VP of STC Traffic, Inc. 5973 Avenida Encinas, Suite 218, Carlsbad, CA 92008
(608) 469-1169, [email protected]
Number of projects completed for client: Over 150 in the last 20 years Civic Communities (formerly Civic San Diego, Centre City Development Corporation) Daniel Kay, PE, Executive Vice President of Engineering & Construction 8989 Rio San Diego Drive, Suite 100, San Diego, CA 92108 (619) 533-7159, [email protected]
Number of projects completed for client: Over 50 in the last 20 years Civic Communities (formerly Civic San Diego, Centre City Development Corporation) Gretchen Herr, PE, Principal Engineer
8989 Rio San Diego Drive, Suite 100, San Diego, CA 92108 (619) 533-7113, [email protected]
Number of projects completed for client: Over 50 in the last 20 years Vista Unified School District
Shawn Loescher, Chief Operations Officer
1222 Arcadia Avenue, Vista, CA 92084
(619)288-1009, [email protected]
Number of projects completed for client: 4
City of National City
Roberto Yano, PE, Director of Public Works/City Engineer 1243 National City Boulevard, National City, CA 91950
(619) 336-4381, [email protected]
Number of projects completed for client: Over 150 in the last 20 years Carlsbad Unified School District
Chris Wright, Former Assistant Superintendent of Business Services 1975 Eldorado Circle, Superior, CO 80027
(858) 442-8721, [email protected]
Number of projects completed for client: 7
City of Chula Vista
Iracsema Quilantan, Retired Director of Public Works
(619) 495-9290
Number of projects completed for client: 30
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REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services Experience

Throughout our history PPC has provided program, project and construction management for simple and complex projects for public agencies. PPC (formerly Wade & Associates) has been continually in business since 2002. We are a greater San Diego area only business, so our entire staff lives and works locally. We currently have 25 employees that all work on local programs and projects.

Byron Wade, President/CEO, was the senior in charge of the capital improvement project management and inspection for the City of Chula Vista for 13 years. He managed CIP projects and inspection staff that built every capital project over that time period. In 2002 Byron left the City and started a private consulting firm to do the same all while practicing law in the specialized field of municipal and construction law.

Our projects varied greatly from a reconstruction of the right-of-way improvements in the entire Gaslamp Quarter to sewer system and park renovations. W&A and subsequently PPC led and managed the design and construction of over 50 projects for CCDC and CSD and over 150 projects for the City of National City over the course of 20 years. Our client base now includes cities, schools and Native American tribes. We are approaching one-billion dollars in construction to program, manage and inspect over the next five to seven years.

We have successfully delivered every type of municipal capital improvement project including parks, sewers, storm drains, creeks, streetscape, traffic signals, lighting, communications, road widening, pavement rehabilitation, storm drains, utility undergrounding, solar installations, new facilities construction and exiting facilities renovation.

Our experience and practice provide our clients with all the management services required to get a project delivered through planning, scoping, design, bidding and construction.

Most of our clients who use us for project/construction management take advantage of our legal prowess to develop full general conditions, contracts and bid documents to put them in the best legal position possible on each project. We also provide claims management services that are expert level.

Although we rely heavily on our experience in project management, we tailor our team and processes to each client’s particular needs. We understand the uniqueness of each political environment and adapt to be an effective partner with each client.

PPC certifies that it takes no exceptions to this RFP including the Sample Agreement.

The following pages detail projects PPC has managed or is currently managing for public agencies in San Diego County.

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REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services Projects

PARKSIDE SEWAGE PUMP STATION UPGRADE
Completed 2021 | $1.4M Construction Cost | $97K Contract Fee

The Parkside Sewage Pump Station is an existing lift station located in the hills of Chula Vista. The existing pump station was installed in the 1980s and needed to be upgraded. The project consisted of demolition of existing facilities, upgrading the submersible pumps, reprograming the SCADA communications system and installation of 1,410 LF of PVC DR-14 force main, a new 72” wet well, 10’ diameter storage vault and natural gas generator.

PPC’s services included constructability review, project management oversight, public communications, inspections, contract dispute, claim analysis and negotiations, change order analysis, recommend acceptance or rejection of improvements, site safety review, design error correction recommendations, labor compliance/certified payroll, project acceptance, final and turn-over.

CMP STORM DRAIN REHABILITATION OUTSIDE RIGHT-OF-WAY

PHASES I & II
Completed 2020 | $8.2M Construction Cost | $280K Contract Fee

Constructed in two phases, improvements included repairing 19,600 linear feet of old/damaged corrugated metal pipe at 133 different locations ranging in pipe diameter from 10 to 180” using cured-in-place pipe (CIPP) lining and centrifugally-cast concrete pipe (CCCP) lining. An additional 5,800 linear feet of corrugated metal pipe repair was completed with the use of CIPP and CCCP through additive work.

PPC's services included project/construction management, public outreach and communications, stakeholder coordination, inspections, contract dispute, claim analysis and negotiations, change order analysis, negotiation and preparation, invoice processing, recommend acceptance or rejection of improvements, site safety review, design error correction recommendations, preliminary and stop notice management, all administration functions including keeping the master construction file, labor compliance, certified payroll management, project acceptance, final and turn-over.

City of Chula Vista
Jonathan Salsman, PE
Senior Civil Engineer
Assoc. DBIA, QSP/D
(619) 397-6115
[email protected]

Derrick Anderson, PE, CCM | Owner’s Representative

Josh Johnson, PE | Senior Project/Construction Manager
Olivia Pires | Senior Administrator and Labor Compliance Officer

City of Chula Vista
Jonathan Salsman, PE
Senior Civil Engineer
Assoc. DBIA, QSP/D
(619) 397-6115
[email protected]

Josh Johnson, PE | Senior Project/Construction Manager
Olivia Pires | Senior Administrator and Labor Compliance Officer

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REQUEST FOR PROPOSALS FOR
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PARADISE CREEK EDUCATIONAL PARK ENHANCEMENTS (PHASES I-V) In construction | $10M Construction Cost | $925K Contract Fee

This project has been composed in several phases, the first being the construction of a wetlands park with educational elements. This required the mitigation of buried hazardous materials and grading in a federally regulated wetlands environment with Army Corps of Engineers and Fish & Game oversight. Improvements included an overwater deck walkway, creation of new wetlands, amphitheater with shade structure, native landscaping and irrigation, storm-drain modifications and adjacent surface improvements.

Additional educational enhancements were later constructed, including grading, new soft and hard walkways, surface improvements, planting and educational area, native landscaping, signage, lighting, security systems, fencing and decks. The remediation phase included grading, contaminated/impacted soil handling and removal, new roadway improvements including utility relocations, pedestrian safety enhancements, green streets drainage improvements, street lighting, landscaping and related improvements along neighboring streets.

A three-acre community park was completed in 2021 with areas for a community garden, passive recreation, children’s play, adult fitness and a biofiltration basin. Extensive landscaping was installed, along with pathways, pavements, pedestrian safety, utility, shade structures, landscape drainage, lighting, communications, irrigation, planting and maintenance. Still to come is an expansion to include more pathway and a multi-use community gathering area with bicycle parking facility.

PPC’s services include constructability review, value engineering review, construction estimates, specification/bid document preparation, bid and low bidder qualifying procedures, bid protest analysis and process, contract award, project/construction management, public outreach and communications, stakeholder coordination, inspections, contract dispute, claim analysis and negotiations, change order analysis, negotiation/preparation, invoice processing, recommend acceptance or rejection of improvements, site safety review, design error correction recommendations, preliminary and stop notice management, all administration functions, project acceptance, final and turn-over.

City of National City
Stephen Manganiello
Former Director of Public
Works/City Engineer
(608) 469-1169
stephen.manganiello
@stctraffic.com
Derrick Anderson, PE, CCM | Senior Project Manager

Byron Wade | Principal, Phases I-III
Derrick Anderson, PE, CCM | Sr. Project/Construction Manager, Ph. II-III Josh Johnson, PE | Senior Project/Construction Manager, Ph. III-V Alex Preciado, CMIT | Project/Construction Manager, Ph. III-IV Randy Garcia | Project/Construction Manager, Ph. V
Amanda Vesco and Olivia Pires | Senior Admin and Labor Compliance

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REQUEST FOR PROPOSALS FOR
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RENEWABLE ENERGY UPGRADE AND INSTALLATION PROJECT
In construction | $13M Construction Cost | $224K Contract Fee

The project consisted of installing solar panels, inverters, structural steel, breakers, panels and energy storage systems at 11 different locations throughout the city. Solar panels were constructed as carports or roof mounted systems. All new systems were integrated with existing systems and interconnected as one system. Extensive coordination with property owners was required for power shutdowns through SDG&E.

PPC’s services included project management oversight, public communications, contract dispute, claim analysis and negotiations, change order analysis, recommend acceptance or rejection of improvements, site safety review, labor compliance/certified payroll, project acceptance, final and turn-over.

STREET PAVEMENT REHABILITATION
Completed 2018 | $6.3M Construction Cost | $63K Contract Fee

Improvements included removing and replacing 2,200,000 square feet of old/damaged asphalt at 140 different locations within Chula Vista neighborhoods and collector streets with new signing and striping, removing and replacing pedestrian ramps.

PPC took this project over from another consultant after the project had failed and the contractor pulled off the job. We evaluated the status of the project, completed work to date, negotiated corrections to the work and contract requirements, drafted and executed necessary change orders, rescheduled the work and completed the project.

PPC’s services included constructability review, value engineering review, construction estimates, project/construction management, public outreach and communications, stakeholder coordination, inspections, contract dispute and claim analysis and negotiations, change order analysis, negotiation and preparation, invoice processing, recommend acceptance or rejection of improvements, site safety review, design error correction recommendations, preliminary and stop notice management, all administration functions including keeping the master construction file, labor compliance, certified payroll management, project acceptance, final and turn-over.

City of Chula Vista
Kalani Camacho
Public Works Operations
Superintendent
(619) 397-6113
[email protected]
Josh Johnson, PE | Senior Project/Construction Manager
Richard Talley | Senior Project/Construction Manager
Olivia Pires | Senior Administrator and Labor Compliance Officer

City of Chula Vista
Jonathan Salsman, PE
Senior Civil Engineer
Assoc. DBIA, QSP/D
(619) 397-6115
[email protected]

Derrick Anderson, PE, CCM | Senior Construction Manager

Josh Johnson, PE | Senior Project/Construction Manager
Olivia Pires | Senior Administrator and Labor Compliance Officer

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REQUEST FOR PROPOSALS FOR
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EAST VILLAGE GREEN
In construction | $60.7M Construction Cost | $1.6M Contract Fee

This project is an 3.6-acre community park being constructed in the East Village neighborhood of the Downtown Community Plan area of San Diego. It encompasses a full 60,000 square-foot block bounded by 13th, F, 14th and G Streets, a 20,000 square-foot site at the northeast corner of 14th and G Streets, and a 10,000 square-foot site along the south side of F Street between 14th and 15th Streets.

Downtown’s first-ever community center will be built. At two stories and 14,200 square feet, it will house a half basketball court that doubles as an auditorium, a demonstration kitchen for cooking classes, a yoga studio, city staff offices and other community spaces. The community center will open out onto a central lawn area.

There will also be a children’s playground with an interactive water feature, separate off-leash dog parks for small and large dogs, a game/reading area, public restrooms with attendant booth and a public art element installation.

Pedestrian improvements to 14th Street will accommodate community events, allowing the area to serve as a plaza on the weekends, when the street will likely be closed to traffic.

Two historic buildings are being relocated, as well as having their exteriors rehabilitated. New streetscape improvement and a two-level, 185-space underground public parking garage will also be installed.

PPC’s services include constructability review, value engineering review, specification/bid document preparation, project/construction management, public outreach and communications, stakeholder coordination, contract dispute, claim analysis and negotiations, change order analysis, negotiation/preparation, invoice processing, recommend acceptance or rejection of improvements, site safety review, preliminary and stop notice management, all administration functions, project acceptance, final and turn-over.

Civic San Diego
Gretchen Herr
Principal Engineer
(619) 533-7113
[email protected]
Derrick Anderson, PE, CCM | Senior Project Manager

Derrick Anderson, PE, CCM | Principal Project/Construction Manager Scott Johnson, PE | Principal Project/Construction Manager Rachael Portillo | Project/Construction Manager
Olivia Pires | Senior Administrator and Labor Compliance Officer

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REQUEST FOR PROPOSALS FOR
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EL CAJON ANIMAL SHELTER
Completed 2018 | $9.4M Construction Cost | $175K Contract Fee

The El Cajon Animal Shelter is a 14,703 square foot facility with exterior yards and outdoor kennels on a 2.64-acre site. The building includes administrative offices, housing for animals, veterinary services for sick and injured animals at the facility, grooming areas, indoor play/interaction areas and pet adoption services. The new shelter doubled the size of the former 50-year-old shelter, located nearby at 1275 N. Marshall Avenue.

PPC’s services included constructability review, project management oversight, public outreach and communications, inspections, contract dispute, claim analysis and negotiations, change order analysis, recommend acceptance or rejection of improvements, site safety review, design error correction recommendations, labor
compliance/certified payroll training, project acceptance and owner's representation.

NC STREET RESURFACING FY 21/22
In construction | $2.1M Construction Cost | $84K Contract Fee

The scope of work for this project is a grind and overlay pavement rehabilitation with FORTA-FI® Fiber or equal reinforced asphalt, remove and replace unsuitable base/subgrade, remove and replace pedestrian curb ramps, curb and gutter, sidewalk, cross gutter, bus pad, install new traffic signal loops and pavement striping. Work is taking place on five major city streets and on a fire station property.

PPC’s services include constructability review, project management oversight, public communications, inspections, contract dispute, claim analysis and negotiations, change order analysis, recommend acceptance or rejection of improvements, site safety review, design error correction recommendations, labor compliance/certified payroll, project acceptance, final and turn-over.

City of National City
Roberto Yano, PE
Director of Public Works/City
Engineer
(619) 336-43680
[email protected]
Derrick Anderson, PE, CCM | Senior Construction Manager

Josh Johnson, PE | Senior Project/Construction Manager
Randy Garcia | Project/Construction Manager
Olivia Pires | Senior Administrator
Mercedes Munoz | Administrative Assistant and Labor Compliance Officer

City of El Cajon
Dirk Epperson, PE
Former Director of Public
Works
(619) 867-8572
[email protected]
Byron Wade Derrick Anderson, PE, CCM | Owner’s Representative

Byron Wade | Principal
Derrick Anderson, PE, CCM | Senior Project/Construction Manager

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REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services

14TH STREET PROMENADE IMPROVEMENTS
Completed 2021 | $1.3M Construction Cost | $115K Contract Fee

The work consisted of construction of an expanded sidewalk area, curb and gutter, and new ADA pedestrian curb ramps with crosswalks, as well as installation of enhanced promenade elements, including but not limited to, Decomposed Granite (DG) plazas, new decorative metal screens adjacent to the DG plazas, new trash receptacles, new planting and irrigation, planting of additional street trees, installation of additional street lights, industrial objects, and a new linear trench grate.

PPC’s services included project management oversight, public communications, contract dispute, claim analysis and negotiations, change order analysis, recommend acceptance or rejection of improvements, site safety review, labor compliance/certified payroll, project acceptance, final and turn-over.

P-1 SEWER UPSIZING PROJECT, PHASES I & II
In construction | $4.5M Construction Cost | $136K Contract Fee

Constructed in two phases, this project consists of open trench construction to remove and replace approximately 1,490 lineal feet of 8-inch diameter VCP with 12-inch diameter of PVC sewer main, manholes, laterals including pavement restoration, and placing two new sewer access roads. The general scope of work also includes jack and bore construction to install approximately 320 lineal feet of fused 14- inch HDPE DIPS DR 11 sewer main.

PPC’s services include constructability review, project management oversight, public communications, inspections, contract dispute, claim analysis and negotiations, change order analysis, recommend acceptance or rejection of improvements, site safety review, design error correction recommendations, labor compliance/certified payroll, project acceptance, final and turn-over.

City of National City
Roberto Yano, PE
Director of Public Works/City
Engineer
(619) 336-43680
[email protected]
Derrick Anderson, PE, CCM | Senior Construction Manager

Alex Preciado | Project/Construction Manager, Phase I
Josh Johnson, PE | Senior Project/Construction Manager, Phase II Richard Talley | Public Works Inspector
Amanda Vesco | Senior Administrator and Labor Compliance Officer

Civic San Diego
Daniel Kay, PE
Executive Vice President,
Engineering & Construction
(619) 533-7159
[email protected]
Derrick Anderson, PE, CCM | Senior Construction Manager

Josh Johnson, PE | Senior Project/Construction Manager
Amanda Vesco | Senior Administrator and Labor Compliance Officer

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REQUEST FOR PROPOSALS FOR
As-Needed Professional Construction Management Services

EL CAJON BOULEVARD STREETSCAPE
In construction | $6.2M Construction Cost | $143K Contract Fee

This project is revitalizing the Transit District by creating safter traffic areas, more trees and better lighting. Improvements include removing a traffic signal and installing a single-lane traffic roundabout, as well as installation of new decorative concrete sidewalks, decorative lighting, high visibility crosswalks, bulb-outs, trees, landscaping, site furniture, storm water treatment systems, signage and Class I bikeway path.

PPC’s services include constructability review, project management oversight, public communications, inspections, contract dispute, claim analysis and negotiations, change order analysis, recommend acceptance or rejection of improvements, site safety review, design error correction recommendations, project acceptance, final and turn- over.

CIVIC CENTER BASEMENT POWER UPGRADE
In construction | $347K Construction Cost | $63K Contract Fee

This project is upgrading the electrical standby power supply system in the Civic Center basement to allow continued operation of the city’s command center and computer servers throughout a citywide outage.

Work included removing and replacing various lighting elementals to include, but not limited to, conduit, wiring, grounding, hangers/supports, boxes, lighting control devices, switchboards, panelboards, transfer switches, surge protection and interior lighting.

PPC’s services included project management oversight, public communications, contract dispute, claim analysis and negotiations, change order analysis, recommend acceptance or rejection of improvements, site safety review, labor compliance/certified payroll, project acceptance, final and turn-over.

City of National City
Roberto Yano, PE
Director of Public Works/City
Engineer
(619) 336-43680
[email protected]
Derrick Anderson, PE, CCM | Senior Construction Manager

Josh Johnson, PE | Senior Project/Construction Manager
Randy Garcia | Project/Construction Manager
Olivia Pires | Senior Administrator and Labor Compliance Officer

City of El Cajon
Senan Kachi
Associate Engineer
(619) 441-6209
[email protected]
Derrick Anderson, PE, CCM | Senior Construction Manager

Alex Preciado | Project/Construction Manager, Phase I
Josh Johnson, PE | Senior Project/Construction Manager, Phase II Richard Talley | Public Works Inspector
Amanda Vesco | Senior Administrator and Labor Compliance Officer

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Appendix
04/11/2023 C3 Page 121 of 209

Byron Wade, Esq.

President / CEO

Mr. Wade is the President/CEO of PPC and has over 40 years of experience delivering capital improvement projects of all types for various public agencies in the greater San Diego area.

As a practicing licensed California attorney since 1993 with a primary area of practice in construction contract drafting and litigation, Mr. Wade brings a special and unique expertise to all projects.

Mr. Wade leads PPC’s group of professionals in a very hands-on manner, which ensures consistent quality to all projects. Using well-developed communication and negotiating skills, Mr. Wade leads all efforts for public outreach and presentations. All contracts, change orders and claims are negotiated and processed with a skill and expertise that stands alone in the industry. Mr. Wade has successfully managed virtually every type of public works project possible.

Project Professionals Corporation, 2010-present: Manages three offices of professionals leading the way in program and project management for cities, private agencies, indigenous tribes and school districts all over San Diego County.

Wade & Associates, 2002-2010: Principal in charge of project delivery for capital improvement projects for various public agencies in the greater San Diego area.

Managed a staff of six professionals. Transformed this firm into Project Professionals Corporation with steady growth, expanding agency client base and increasingly difficult and larger project assignments.

California Licensed Attorney, 1993-present: Specialized in the practice of construction contract drafting, dispute resolution and litigation. Consultant defense litigator for the City of Chula Vista. Mr. Wade was the lead litigator for all civil defense work for the City of Chula Vista and continues his practice as consulting on construction matters and special litigator.

City of Chula Vista, 1986-2002: Managed the construction of CIP projects.

Supervised inspection staff.

AWARDS
El Cajon Animal Shelter, El Cajon, CA: CMAA Project Achievement Award, ASCE Outstanding Project Winner Award (Sustainable), APWA Honor Award, ENR Best Project in Southern California (Small Project), DBIA National Award of Excellence (Civic/Assembly Category), 2019
National City Aquatic Center, National City, CA: San Diego Architectural Foundation Orchid Award for Architecture, 2017
8th Street Smart Growth Revitalization, Highland Avenue Safety Enhancements, Community Corridors, National City, CA: APWA Honor Awards, 2016 Community Corridors, National City, CA: WTS San Diego Innovative Transportation Solutions Alternative Modes and Active Transportation Award, 2015
Gaslamp Streetscape Improvements Project, San Diego, CA: Lamplighter Award Chairman’s Award, 2006

PROPOSED ROLE
President/CEO

YEARS OF EXPERIENCE
4 1

EDUCATION
B.S. in Law, 1991
Juris Doctorate, 1993
Thomas Jefferson
School of Law, San Diego

REGISTRATION
California Licensed Attorney,
# 167515

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
Cell: 619.244.3418
[email protected]

COMMUNITY INVOLVEMENT
President, Osteopathy’s
Promise to Children 401(c)(3)

California Bar Association

American Public Works
Association

04/11/2023 C3 Page 122 of 209

Scott Johnson, PE
Principal Project/Const. Manager
Principal Civil Engineer

Mr. Johnson has extensive project management, construction management and administrative experience with projects that span from master-planned communities to roadway to building and bridge construction as well as water, sewer and railroad infrastructure. With a career over three decades long, he has successfully managed all types of issues that may occur in development and construction. Mr. Johnson leads his teams from the front and has excellent presentation and communication skills.

Mr. Johnson’s knowledge of public works and utility engineering and well- rounded skill set have earned him not only praise from colleagues but also formal recognition from employers and professional organizations alike. These awards further cement his status as a local industry leader.

RELATED PROFESSIONAL EXPERIENCE

Principal Project/Construction Manager, PPC, 2022-present: Joined PPC at the start of 2022 to offer expertise as a leader in building and public works development. Currently serving as the lead on the $60M East Village Green project.

Deputy City Engineer / Principal Civil Engineer, City of Santee, CA, 2013-2021:

Oversaw the land development section. Under the direction of the Development Services Director, responsible for the supervision and management of the land development engineering and storm water division staff and their assigned tasks.

In the absence of the Director of Development Services assumed responsibilities of the director. Represented the engineering division at City Council meetings.

Represented the city at various regional policy meetings. Performed the duties of Emergency Operations Center Planning Chief during the COVID-19 EOC operational period. Retired at the end of 2021.

Senior Project Manager, Centre City Development Corporation / Civic San Diego, San Diego, CA, 2007-2014: Project manager for major capital improvements projects including the Downtown San Diego Quiet Zone Project, Harbor Drive Pedestrian Bridge Project, Park Boulevard At-Grade Project, Horton Plaza, Bayside Fire Station and City of San Diego Civic Center private/public/partnership redevelopment RFQ/RFP. Oversaw the Public Works section during the AB26 Redevelopment Agency dissolution transition period.

Principal Engineer, Richard Brady and Associates, San Diego, CA, 2007: Manager of the engineering team in the delivery of various public works projects throughout the United States. Prepared responses for RFQs and RFPs for various projects including design bid build and design build formats. Managed the engineering team for various water, sewer and structural CIP projects. Oversaw QA/QC for all company projects.

PROPOSED ROLES
Principal Project/Construction
Manager
Principal Civil Engineer

YEARS OF EXPERIENCE
37 EDUCATION
B.S. in Civil Engineering
198 7 , San Diego State
University, San Diego

REGISTRATION
Registered Civil Engineer
California, # 53347

CERTIFICATIONS

QSD/QSP
California Drainage Law
Construction Contract
Administration & Management
Construction Contract
Modifications
Contract Negotiations
Electrical Inspection

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

04/11/2023 C3 Page 123 of 209

Resume’ SCOTT JOHNSON, PE

Page 2 of 2 ends

Project Engineer / Vice President, The Corky McMillin Companies, San Diego, CA, 2000-2007: Project engineering manager for various projects including the Rancho Encantada Estates Project, Vista Pacifica Project and Liberty Station Project (Naval Training Center re-use). Responsibilities included delivery of design build projects by assembling, hiring and directing consultant teams to plan, entitle, design and permit residential and commercial land development projects.

Responsibilities included estimating project costs, developing budgets, managing contracts and monitoring cash flow for project partnerships. Developed project time schedules and managed project team to meet the schedules. Performed value engineering and plan review duties to achieve high quality and cost effective projects. Represented the company, interacting with local agency planning and engineering departments, local, state and federal regulatory agencies and decision makers. Provided support during the entire land development process including construction through warranty. Trained staff in the McMillin Way Training Program and Annual Storm Water Pollution Prevention Program.

Principal Civil Engineer / Acting City Engineer, City of Santee, CA, 2000: Oversaw the Land Development Section. Under the direction of the City Engineer, responsible for the supervision and management of the land development engineering staff and their assigned tasks. In the absence of the City Engineer assumed the responsibilities of the City Engineer. Represented the engineering division at City Council meetings. Represented the city at various regional policy meetings.

Senior Civil Engineer, City of Santee, CA, 1998-2000: Oversaw the Land Development Section. Under the direction of the City Engineer, responsible for the supervision and management of the land development engineering staff and their assigned tasks. In the absence of the Senior Civil Engineer in charge of capital improvement project managed the CIP section. Responsible for the management of high priority capital improvement projects for the CIP division.

Associate Civil Engineer, City of Santee, CA, 1995-1998 Assistant Civil Engineer, City of Santee, CA, 1990-1995

AWARDS

Harbor Drive Pedestrian Bridge, Civic San Diego: AIA San Diego Urban Solutions Citation Awards, ACI Judges Award, IES Illumination Award, ASCE Project of the Year, ARTBA Globe Awards 2nd Place – Bridge Category <$100 Million, WTS San Diego Transportation Innovation Award for Alternative Modes, ENR California Best Transportation Project, Urban Land Institute San Diego/Tijuana Award of Excellence, AIA California Council Merit Award for Architecture, APWA SD/Imperial Counties Transportation Project of the Year, 2011-2013 Certificate of Merit, APWA, 2000
Sandy Perlatti Cup Award, The Corky McMillin Companies
Principles Award, The Corky McMillin Companies
04/11/2023 C3 Page 124 of 209

Derrick Anderson, PE
Principal Project/Const. Manager
Principal Civil Engineer

For three decades, Mr. Anderson has performed in various project management and engineering capacities on capital improvement projects throughout San Diego County. Mr. Anderson knows what it takes to successfully manage the construction of major public infrastructure improvement projects in the region.

During his accomplished career, Mr. Anderson has worked for the North County Transit District, the City of San Diego, Port of San Diego and various cities such as the City of Chula Vista, Vista, El Cajon and National City.

Mr. Anderson managed Carlsbad Unified School District’s bond program for three years, serving as Senior Construction Manager and then as Construction Director, overseeing a $265 million bond program. He also provided leadership to the Vista Unified School District bond program management team in addition to his duties at Carlsbad Unified School District.

RELATED PROFESSIONAL EXPERIENCE

National City Aquatic Center, National City, CA: Construction of a 4,200 square foot facility that included two buildings for office space, classroom, boat storage, restrooms and lockers utilizing masonry unit and moment frame structural steel construction. This was a hard bid Safdie Rabines design which was completed within 3% of the bid and won the San Diego Architectural Foundation Orchid Award for Architecture. Construction cost: $3.7M, Role: Construction Manager

Paradise Creek Site Remediation and Improvements, National City, CA: A three- and-a-half acre contaminated soils remediation of a former public works site and construction of new city streets with related utility relocations. This project consists of construct grading, contaminated/impacted soil handling and removal, roadway, pedestrian safety, utility, drainage, street lighting, communications, landscaping, irrigation, and related improvements along Harding Avenue and 21st Street and within the Paradise Creek Park site in National City.

Construction cost: $5.7M, Role: Construction Manager

El Cajon Animal Shelter, El Cajon, CA: Construction of a 14,703 square foot facility with exterior yards and outdoor kennels on a 2.64-acre site. The building included administrative offices, housing for animals, veterinary services for sick and injured animals, grooming areas, indoor play/interaction areas and pet adoption services. Construction cost: $9.4M, Role: Design/Build Owner’s Representative

Hope Elementary School Modernization Project, Carlsbad Unified School District, Carlsbad, CA: This project provides the construction of four new classroom buildings, modernization of five existing classroom buildings, expansion and modernization of the existing administration/multi-purpose room building and the construction of new lunch shelters to accompany the modernized cafeteria.

The four new classroom buildings provide 16 additional classrooms as well as

PROPOSED ROLE
Principal Project/Construction
Manager
Principal Civil Engineer

YEARS OF EXPERIENCE
30 REGISTRATION
Registered Civil Engineer
California, # 66356
CCM
LSIT

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

04/11/2023 C3 Page 125 of 209

Resume’ DERRICK ANDERSON, PE

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STEAM classrooms to promote the learning of sciences and mathematics. The new buildings are accompanied by new playground equipment and associated site work. The modernization of the existing classrooms includes additional hardware for added security and safety utilizing programmable keyless access control. The expansions to the multi-purpose room and library provide additional square footage as well as a modern look to promote high-quality education and interest in learning. Construction cost: $20.9M, Role: Construction Director Magnolia Elementary School Modernization Project, Carlsbad Unified School District, Carlsbad, CA: The modernization includes reconfiguration of the main entrance to the school with a new main lobby building addition, a renovated multipurpose room, a renovated STEAM lab, a renovated library, a brand-new standalone kitchen building addition and lunch shelter, the replacement of relocatable classrooms with new modular construction, and modernization of all existing classrooms, among other improvements. Safety and security upgrades include installation of security cameras around the perimeter of the campus and improved access for emergency vehicles.

Construction cost: $18.8M, Role: Construction Director
Kelly Elementary School Modernization Project, Carlsbad Unified School District, Carlsbad, CA: This modernization project provides the construction of a new multi-purpose room and lunch shelter, renovation of the relocatable classrooms, STEAM lab, and library as well as the modernization of existing classrooms. The safety and security on the campus is being upgraded with security camera installation, perimeter fencing, and improved access for emergency vehicles. The renovations to the STEAM lab and library include upgrades to the available technology as well as furniture and design to foster learning and collaboration.

Construction cost: $16.7M, Role: Construction Director
Scripps Prebys Cardiovascular Institute, La Jolla, CA: Construction of a 383,000 square feet medical institute with primary care offices, a hospital with 4 operating rooms, 168 patient rooms, hybrid operating suites to accommodate both open heart surgery and catheter-based procedures. Project included a 7- story hospital tower comprised of structural steel moment frame construction and a separate central energy plant of CIP concrete, masonry and structural steel, back-up generators, medical gas yard, cooling towers, boilers, water and sewer emergency storage for 72 hours.

Construction cost: $456M, Role: Construction Manager
Carlsbad High School Science Building Modernization Project, Carlsbad Unified School District, Carlsbad, CA: The modernization of the science building at Carlsbad High School (including upgrades to the chiller plant) included renovation of the existing science building to bring it up to the expectations of a modern learning environment. The chiller plant improvement included replacing the water filtration system, refurbishing the cooling tower and other modernizations to ensure efficient cooling of buildings throughout the campus.

Construction cost: $6.6M, Role: Construction Director
04/11/2023 C3 Page 126 of 209

Gordon Day
Principal Project/Const. Manager

Mr. Day brings decades of experience to the PPC team. Starting out as a laborer, Mr. Day owned his own electrical contracting company for years. He transitioned into inspection for municipal clients which eventually brought him to the City of Chula Vista. With many years spent at this city, he played an instrumental role in the execution of countless City projects. This includes his responsibility in planning, developing and opening the Chula Vista Fire Station #7, a memorial to the victims of 9/11. Mr. Day has led numerous teams and is extremely experienced in design-build project delivery.

RELATED PROFESSIONAL EXPERIENCE

Building Official, Cities of Santee and Lemon Grove, CA, 2019-2022: Duties included interpretation of the California codes, plans examination, permit issuance, field inspections, problem solving and interaction with City staff and Council Members.

Building Supervisor and Field Coordinator, Interwest, San Diego, CA, 2016-present:

Duties include scheduling staff and inspection operations for three municipalities and two Native American reservations and casinos. On call for four additional municipalities in the southern San Diego area.

Building Project Manager, City of Chula Vista, CA, 2003-2015: Served as administrator and project manager for Chula Vista’s CIP Design-Build construction program. Projects varied from fire stations to animal care facilities, libraries, aquatic center renovations, parks, recreation centers, and public works facilities such as fuel and sewage pumping stations. Completed building energy retrofits, photovoltaic system installs and street lighting retrofits.

Instructor, Southwestern College, Chula Vista, CA, 2004-2013: Taught junior college students the fundamentals for reading blueprints and understanding the electrical code. Classes were designed to help with taking the Inspector certification exams.

Building Inspector III, City of Chula Vista, CA, 2000-2003: Performed residential and commercial inspection services citywide and worked with senior staff to provide training for other inspectors.

Building Inspector, City of El Cajon, CA, 1998-2000: Inspector, code enforcement duties and coordinator for a joint partnership between the City of El Cajon, the Police Department and local apartment management groups.

AWARDS
Mount San Miguel Park, Chula Vista, CA: APWA Project of the Year, 2012 Chula Vista Auto Park Sign, Chula Vista, CA: APWA Honor Award for Structures Under $2M, 2011
Above Ground Biodiesel Tank, Chula Vista, CA: APWA Honor Award for Sustainable/Green Under $2M, 2011

PROPOSED ROLE
Principal Project/Construction
Manager

YEARS OF EXPERIENCE
48 EDUCATION
A .S. in Construction Inspection
2001, Southwestern College,
Chula Vista

CERTIFICATIONS
Building Operator (BOC)
ICC Certified:

Plans Examination
Electrical
Mechanical
Plumbing
Combination Inspection
Structural Masonry
Structural Concrete

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

04/11/2023 C3 Page 127 of 209

Josh Johnson, PE
Sr. Project/Construction Manager

Mr. Johnson brings ten years of experience to the PPC team as a project/construction manager. With a true aptitude for developing client relationships, Mr. Johnson provides oversight to most of the capital improvement projects PPC manages. He has a broad base of experience in all aspects of construction management and has proven especially proficient in problem solving and claims analysis. His regular field visits ensure construction work is being conducted according to project standards.

Mr. Johnson is responsible for ensuring consistency between contractor, planner and engineering work and project specifications, local standards and drawings of capital improvement projects. He is proficient in preparing and managing engineering documents such as RFIs, change orders, submittals and project invoices and has well-developed negotiation skills required to keep projects within budget.

RELATED PROFESSIONAL EXPERIENCE

CMP Rehabilitation Outside Right-of-Way (Phases I & II), Chula Vista, CA:

Improvements included repairing 19,600 linear feet of old/damaged corrugated metal pipe at 133 different locations ranging in pipe diameter from 10” to 180” using cured-in-place pipe (CIPP) lining and centrifugally-cast concrete pipe (CCCP) lining. An additional 5,800 linear feet of pipe repair was added via change orders.

Construction cost: $8.2M, Role: Senior Project/Construction Manager

Street Pavement Rehabilitation, Chula Vista, CA: Improvements included removing and replacing 2,200,000 square feet of old/damaged asphalt at 140 different locations within Chula Vista neighborhoods and collector streets.

Improvements also included new signing and striping, removing and replacing pedestrian ramps and cross gutters throughout above locations.

Construction cost: $6.3M, Role: Senior Project/Construction Manager

D Avenue and 12th Street Roundabout, National City, CA: Traffic calming, pedestrian, bicycle and Safe Routes to School enhancements, crosswalks with pedestrian refuge islands and corner bulb-outs for traffic calming, pedestrian actuated flashing crosswalk signs, and high intensity signing and striping; pedestrian curb ramps for ADA compliance; new bike lanes and sharrows with signage; reverse angle parking for bicycle safety; and green bike boxes at two signalized intersections. Phase II included a new traffic calming roundabout and improvements to the War Memorial.

Construction cost: $1.6M, Role: Senior Project/Construction Manager

8th Street Smart Growth Revitalization, National City, CA: Improvements included enhanced crosswalks with high intensity signing and striping; new, wider sidewalks and pedestrian curb ramps for ADA compliance; new lighting, landscaping and storm water bioretention areas; decorative benches, trash receptacles, bike racks and historic banners; new bike lanes and sharrows with signage; and traffic calming measures such as corner bulb-outs and a “road diet” converting four travel lanes to two travel lanes with protected left turn lanes at

PROPOSED ROLE
Senior Project/Construction
Manager

YEARS OF EXPERIENCE
11 EDUCATION
B.S. in Civil Engineering
2011, San Diego State
University, San Diego
RE Academy, 2017

REGISTRATION
Registered Civil Engineer
California, # 87512

CERTIFICATION
Remote Pilot Certificate

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

04/11/2023 C3 Page 128 of 209

Resume’ JOSH JOHNSON, PE

Page 2 of 2 ends

intersections, landscaped islands midblock and replacement of parallel parking with angle parking on the south side of the street.

Construction cost: $8M, Role: Senior Project/Construction Manager

8th Street Safety Enhancements, National City, CA: Pedestrian safety enhancements including traffic signals, flashers, large retaining walls, curb, gutter, sidewalk, landscaped medians, ADA ramps, pavement, slurry, signing and striping. This project included highway safety improvement program funding.

Construction cost: $1.2M, Role: Senior Project/Construction Manager

Park Boulevard/San Diego High School Signal & Streetscape Improvements, Civic San Diego, San Diego, CA: The project improved an existing pedestrian crosswalk on Park Boulevard, north of Russ Boulevard in front of the San Diego High School campus on the east side of the street, and City College facilities on the west side of the street with a pedestrian traffic signal and associated improvements for greater pedestrian safety. An existing bus stop in the middle of Park Boulevard was relocated to the side of the street and a median was installed in that area. The project included drainage improvements necessary due to the median modifications. Streetlights were added for better sidewalk lighting.

Construction cost: $1.5M Role: Senior Project/Construction Manager

Sewer Line Replacement and Upsizing Project, National City, CA: Replacement of 21-inch, 12-inch and 8-inch diameter PVC sewer main, manholes, sewer laterals; cold-mill grind and overlay of existing road section for Plaza Boulevard, as well as National City Boulevard from and including the intersection of Mile of Cars Way through the intersection of 22nd Street; installation of curb and gutter, AC dikes, AC driveways entrances and driveways; sidewalks, pedestrian curb ramps for ADA compliance, signing and striping, and other related improvements.

Construction cost: $2.8M, Role: Senior Project/Construction Manager

Plaza Boulevard Widening N Avenue to I-805, National City, CA: Street widening to construct a six-lane regional arterial, utility undergrounding, utility undergrounding. Travel lanes were added to expand roadway capacity and improve traffic flow, traffic signal modifications for safety and operations and pedestrian / ADA enhancements. Construction cost: $1.9M, Role: Senior Project/Construction Manager

Westside Mobility Improvements, National City, CA: The project included traffic calming, pedestrian and bicycle enhancements within the Westside Specific Plan Area. Improvements included a traffic calming roundabout, conversion of West Avenue to a one-way street northbound; enhanced crosswalks with high intensity signing and striping; 50,000 square feet replaced of old/damaged sidewalk and 149 pedestrian curb ramps for ADA compliance; Class II bike lanes with signage on Civic Center Drive, Wilson Avenue and W. 22nd Street; and other amenities such as new lighting, landscaping, benches, bike racks and public art.

Construction cost: $2.1M, Role: Project/Construction Manager

City Heights Pedestrian Improvements Project, Civic San Diego, San Diego, CA:

Removed and replaced and installed new sidewalks, curbs and gutters, pedestrian ramps and install new streetlights with services and street re- pavement in the City Heights/Colina Del Sol area and on East Euclid Avenue.

Construction cost: $2.5M, Role: Project/Construction Manager 04/11/2023 C3 Page 129 of 209

Alvin “Vinnie” Aguelo, EIT
Project/Construction Manager

Prior to joining the PPC team, Mr. Aguelo was an engineering intern for the City of National City’s engineering department where he helped prepare contracts, service agreements and notices of completion. Mr. Aguelo started his PPC career assisting the team on capital improvement projects with municipal governments, and over the past couple of years, he’s cultivated his skills in K-12 construction.

With a full year of experience working abroad, Mr. Aguelo was able to manage two major projects set forth by the country of Qatar. He played a vital role as a deputy project manager and aided in the construction and management of these projects. Mr. Aguelo’s responsibilities included creation and management of schedules, procurement of construction materials and document control.

While working for the City of National City, Mr. Aguelo also organized project specifications in accordance with hazard mitigation plans and EPA standards.

RELATED PROFESSIONAL EXPERIENCE

Wayfinding Signage Project, National City, CA: Installation of over 300 signs throughout various districts within the City of National City. This project implemented a comprehensive wayfinding signage program to inform residents and guests of key landmarks, historic districts, city and public facilities, parks, and transit center locations. The project was done in an effort by the City to develop safer paths for commuting residents and promote walkability among neighborhoods. Construction cost: $2.2M, Role: Project/Construction Manager

Downtown San Diego Wayfinding, Civic SD, San Diego, CA: Installation of over 200 signs throughout the downtown parking district with each type of sign sharing a similar color scheme, font and distinctive fin-type markings so that drivers and pedestrians can easily identify various types of signs as being inter- related and interconnected.

Construction cost: $1.4M, Role: Project/Construction Manager

Citywide LED Lighting Upgrade, Chula Vista, CA: This project consisted of the coordination and management to replace the existing lighting systems with more energy efficient LED fixtures throughout 64 city owned buildings. Plangrid technology was implemented to track and record all quantities for the various types of lamps and fixtures throughout project duration.

Construction cost: $700K, Role: Project/Construction Manager

Public Works Facility Improvements, National City, CA: New tenant improvements for two sites to house public works department, move public works department equipment supplies and personnel. Demolished old public works facility and remediated contaminated soils, lead paint and asbestos.

Construction cost: $1.9M, Role: Assistant Project/Construction Manager

PROPOSED ROLE
Project/Construction Manager

YEARS OF EXPERIENCE
8 EDUCATION
B.S. in Structural Engineering
2011, University of California,
San Diego

CERTIFICATION
Engineer-in-Training (EIT)

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

04/11/2023 C3 Page 130 of 209

Resume’ ALVIN “VINNIE” AGUELO, EIT

Page 2 of 2 ends

Hope Elementary School Modernization Project, Carlsbad Unified School District, Carlsbad, CA: This project provides the construction of four new classroom buildings, modernization of five existing classroom buildings, expansion and modernization of the existing administration/multi-purpose room building and the construction of new lunch shelters to accompany the modernized cafeteria.

The four new classroom buildings provide 16 additional classrooms as well as STEAM classrooms to promote the learning of sciences and mathematics. The new buildings are accompanied by new playground equipment and associated site work. The modernization of the existing classrooms includes additional hardware for added security and safety utilizing programmable locks. The expansions to the multi-purpose room and library provide additional square footage as well as a modern look to promote high-quality education and interest in learning. Construction cost: $20.9M, Role: Project/Construction Manager

Magnolia Elementary School Modernization Project, Carlsbad Unified School District, Carlsbad, CA: The modernization includes reconfiguration of the main entrance to the school with a new main lobby building addition, a renovated multipurpose room, a renovated STEAM lab, a renovated library, a brand-new standalone kitchen building addition and lunch shelter, the replacement of relocatable classrooms and modernization of all existing classrooms, among other improvements. Safety and security upgrades include installation of security cameras around the perimeter of the campus and improved access for emergency vehicles.

Construction cost: $18.8M, Role: Project/Construction Manager

Kelly Elementary School Modernization Project, Carlsbad Unified School District, Carlsbad, CA: This modernization project provides the construction of a new multi-purpose room and lunch shelter, renovation of the relocatable classrooms, STEAM lab, and library as well as the modernization of existing classrooms. The safety and security on the campus is being upgraded with security camera installation, perimeter fencing, and improved access for emergency vehicles. The renovations to the STEAM lab and library include upgrades to the available technology as well as furniture and design to foster learning and collaboration.

Construction cost: $16.7M, Role: Project/Construction Manager

Carlsbad High School Science Building Modernization Project, Carlsbad Unified School District, Carlsbad, CA: The modernization of the science building at Carlsbad High School (including upgrades to the chiller plant) included renovation of the existing science building to bring it up to the expectations of a modern learning environment. The chiller plant improvement included replacing the water filtration system, refurbishing the cooling tower and other modernizations to ensure efficient cooling of buildings throughout the campus.

Construction cost: $6.6M, Role: Project/Construction Manager

Districtwide Energy Efficiency and Sustainability Services, Carlsbad Unified School District, Carlsbad, CA: Construction of solar parking structures and battery storage facilities at eight school sites as well implementation of water efficiency systems and fixtures.

Construction cost: $6.4M, Role: Project/Construction Manager

04/11/2023 C3 Page 131 of 209

Rachael Portillo
Project/Construction Manager

Ms. Portillo grew up around a family-owned construction company and worked in the business well before obtaining her degrees. In addition to working for her family business, she has been employed by Balfour Beatty Construction, Soltek Pacific Construction and the City of Chula Vista. Ms. Portillo has managed projects for the U.S. Navy, United States Marine Corps and myriad cities throughout San Diego County.

Ms. Portillo is thorough in her approach, putting safety as a top priority in supervising projects at all stages. She is experienced at determining quantities, examining project schedules, processing all forms of project documentation and conducting project meetings, ensuring projects are completed in accordance with plans and contract specifications.

RELATED PROFESSIONAL EXPERIENCE

Otay Ranch Villages Two, Three and Eight, Chula Vista, CA: All new civil construction included three parks, eight neighborhoods, main access roads and site improvements. Parks feature amenities which include picnic tables, a multipurpose field, a group picnic shelter, built-in barbecue grills, basketball courts, children’s play areas, outdoor amphitheater space, bathrooms, trash cans, hot ash containers, pathways, and sidewalks. Role: Public Works Inspector

Division Street – Euclid Avenue to Harbison Avenue Bicycle Improvements, National City, CA: The project constructed a road diet by reducing Division Street from four lanes to two with a center turning lane. Class II buffered bike lanes were installed in each direction as well as a pedestrian midblock crossing at the intersection of Division Street and Drexel Avenue, which included a curb extension and a pedestrian refuge island. The project also included roadway rehabilitation, and a traffic signal modification at the intersection of Division Street and Harbison Avenue. Construction cost: $515K, Role: Project Manager

Rosecrans Street Median Improvements, San Diego, CA: This project reconstructed nine medians on Rosecrans Street. The scope included reconstructing damaged portions of the median curb and replacing the center of the median (asphalt) with rock blankets. An additional median along North Harbor Drive was partially reconstructed to include stamped concrete to match the existing stamped concrete portion of the median and replace damaged median curb. Construction cost: $199K, Role: Senior Project Manager

Euclid Avenue Bicycle and Pedestrian Enhancements, National City, CA: This project included traffic calming, pedestrian and bicycle enhancements.

Improvements included street resurfacing, ADA upgrades, buffered bike lanes with signage, bicycle bend-outs at signalized intersections, new pedestrian traffic signals, and traffic calming measures such as pedestrian refuge islands, corner bulb-outs, pedestrian actuated flashing crosswalk signs, high intensity signage and striping, and lighting.

Construction cost: $4.2M, Role: Senior Project Manager

PROPOSED ROLE
Project/Construction Manager

YEARS OF EXPERIENCE
14 EDUCATION
B.S. in Construction
Engineering Technology
2017, National University
San Diego

A .S. in Construction Inspection
2011, Southwestern College
Chula Vista

CERTIFICATIONS
AGC Construction Project
Management
AGC Construction Project
Engineering

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

04/11/2023 C3 Page 132 of 209

Resume’ RACHAEL PORTILLO

Page 2 of 2 ends

Windows, Doors and Roof, U.S. Navy, San Clemente Island, CA: This project replaced windows and doors, along with parts of a CMU building, for a living facility. Roof replacement was completed for a separate storage building with an emphasis on ensuring structural integrity.

Construction cost: $1M, Role: Senior Project Manager

Various Pavement and Culvert Repairs, United States Marine Corps, Camp Pendleton, CA: This project scope involved rehabilitating a main access roadway on Camp Pendleton. Extensive traffic control ensured access of personnel throughout the base. Cast-in-place culvert was needed due to the deterioration of existing corrugated metal pipes under the main entrance of the base. Two water lines were relocated to the east and west side of the culvert, one which ran over the culvert and another which ran under the culvert, adjacent to a power pole. Construction cost: $3M, Role: Senior Project Manager

Replace Concrete Hardstand Phase IV and V, United States Marine Corps, Barstow, CA: Removal and replacement of various pathways within a repair facility for heavy tanks and equipment which required multiple phases and coordination with active personnel within the facility. Over 250,000 square feet was covered with over 10,000 cubic yards of concrete.

Construction cost: $4.1M, Role: Senior Project Manager

Highland Avenue Safety Enhancements, National City, CA: This project provided safety enhancements for drivers and pedestrians along Highland Avenue between Division Street and E. 8th Street. Improvements included enhanced crosswalks with pedestrian refuge islands and high intensity signing and striping; pedestrian curb ramps for ADA compliance; new streetlights; and traffic calming measures such as corner bulb-outs and a “road diet” converting four travel lanes to two travel lanes with protected left turn lanes at intersections, raised islands midblock and replacement of parallel parking with angle parking on the east side of the street. Construction cost: $1.4M, Role: Project Manager

Bayside Birding and Walking Trail, U.S. Department of the Interior, Imperial Beach, CA: This project involved the restoration of 8,712 square feet of high salt marsh habitat that has been trampled and severely damaged as a result of unauthorized access on the National Wildlife Refuge, the construction of a 2,060- foot-long, six-foot-wide, stabilized aggregate pedestrian trail, an approximately 750-square-foot overlook for wildlife observation, and a 50-foot-long pedestrian bridge across an existing drainage channel. The trail, which runs just north of and parallel to the Bayshore Bikeway, is intended to direct users away from sensitive resources by providing a formal delineated pathway for pedestrian use.

Construction cost: $359K, Role: Project Manager

Coastal Rail Trail, Carlsbad, CA: This was part of a regional project to establish a multi-use trail for connectivity of the coastal cities of Oceanside, Del Mar, Carlsbad, Encinitas, Solana Beach and San Diego. This portion of the project connected the paved, wheelchair accessible segment at Oak Avenue to the trail in Oceanside. Lanes along Carlsbad Boulevard were reduced to make room for bike lanes and a sidewalk, and a roundabout was added.

Construction cost: $1.2M, Role: Project Manager 04/11/2023 C3 Page 133 of 209

Guillermo “Alex” Preciado, CMIT
Project/Construction Manager

As a Project/Construction Manager, Mr. Preciado has managed numerous capital improvement projects as well as K-12 projects. Mr. Preciado interacts directly with contractors, design teams and his clients to assure projects are completed within budget, schedule and per local regulatory standards. He is responsible for managing and implementing contract documents from bidding through construction to closeout.

With two full years of prior intern experience with the Port of San Diego and several years of full-time experience with PPC, Mr. Preciado has been able to develop a skill set that benefits his clients.

RELATED PROFESSIONAL EXPERIENCE

Vista High School New Classroom Buildings, Vista Unified School District, Vista, CA: Currently under construction, this project was split out into two increments to expedite construction and preparation of the site for the new buildings. The scope of the first increment includes the demolition of existing relocatable classroom buildings and related appurtenances, mass site grading, and underground utility work. The scope for increment two consists of construction of one new 30,110 square foot, two-story concrete block classroom building and one new 46,161 square foot, three-story concrete block classroom building. The buildings shall be constructed along with any related site upgrades, site work, grading, new utility infrastructure, new concrete flatwork, landscaping, and various accessibility upgrades.

Construction cost: $61M, Role: Project/Construction Manager

Rancho Buena Vista High School New CTE Building, Vista Unified School District, Vista, CA: Currently under construction, the scope of this project includes the demolition of 23 existing relocatable classroom buildings, related appurtenances, and the demolition and removal of existing paving. This project also includes the build of one new 10,581 square foot 1-story CMU classroom building with attached covered material storage area along with site upgrades, grading, new infrastructure, flatwork, fencing and ADA upgrades.

Construction cost: $11M, Role: Project/Construction Manager

Vista Magnet Middle School Front Entrance and Parking Lot Improvements, Vista Unified School District, Vista, CA: Currently pending DSA approval prior to start of construction, the scope of this project includes the construction of a new wood framed covered walkway on concrete foundation, site work, grading, parking lot improvements, new ADA parking and ADA site improvements, new landscaping and utility improvements.

Construction cost: $6.5M, Role: Project/Construction Manager

Paradise Creek Park Expansion, National City, CA: Managed the design team, environmental team and contractor throughout the design and construction phases for the development of a 3.5 acre park. This project included installation

PROPOSED ROLE
Project/Construction Manager

YEARS OF EXPERIENCE
7 EDUCATION
B.S. in Civil Engineering
2018, San Diego State
University, San Diego

CERTIFICATIONS
Construction Manager-in-
Training (CMIT), CMAA
Remote Pilot Certificate

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

04/11/2023 C3 Page 134 of 209

Resume’ GUILLERMO “ALEX” PRECIADO, CMIT

Page 2 of 2 ends

of concrete structures, porous concrete paving, drainage improvements, play and fitness equipment and landscaping/irrigation.

Construction cost: $2.4M, Role: Project/Construction Manager

Paradise Creek Site Remediation and Improvements (Phase III), National City, CA:

Managed the design team and environmental team during planning, design and implementation for 3.5 acre contaminated soils remediation of former public works site, construction of new city streets with related utility relocations.

Construction cost: $5.7M, Role: Project/Construction Manager

P-1 Sewer Upsize Project for Sweetwater High School, National City, CA:

Managed the design team, geotechnical team and contractor throughout the design and construction phases for National City’s sewer upsizing project. This project included removal and replacement of approximately 1490 linear feet of 8-inch VCP pipe with 12-inch of PVC sewer main, installation of new manholes and laterals, pavement restoration, and placing a new sewer access road.

Construction cost: $1.7M, Role: Project/Construction Manager

Street Pavement Rehabilitation, Chula Vista, CA: Improvements included removing and replacing 2,200,000 square feet of old/damaged asphalt at 140 different locations within Chula Vista neighborhoods and collector streets.

Improvements also included new signing and striping, removing and replacing pedestrian ramps and cross gutters throughout above locations.

Construction cost: $5.1M, Role: Project/Construction Manager

Highland Avenue Traffic Signal Modifications, National City, CA: This project replaced the existing permissive left-turn phases and signal heads with protected left-turn phases and signal heads on existing and new poles and mast arms at select intersections along Highland Avenue. Improvements included the installation of new controller cabinets, new traffic signal poles, safety lighting, detector loops and new ADA curb ramps. Construction cost: $725K, Role:

Project/Construction Manager

Citywide Traffic Signal & ADA Improvements, National City, CA: ADA curb ramps, sidewalk, curb and gutter and high intensity signing and striping were installed.

Traffic signal improvements included new traffic signal poles, pedestrian countdown heads and controller cabinets at various locations citywide.

Construction cost: $798K, Role: Project/Construction Manager

Fiber Optic Traffic Signal Interconnect Expansion, National City, CA: This project installed a fiber optic traffic signal interconnect system along four corridors within the city: National City Boulevard, E. Plaza Boulevard, Euclid Avenue and E. 30th Street/Sweetwater Road. New equipment installed included new traffic controllers, switches, fiber patch cords, fiber distribution units, conflict monitors, network cables, battery backup systems, and fiber splice enclosures.

Construction cost: $585K, Role: Project/Construction Manager 04/11/2023 C3 Page 135 of 209

Olivia Pires
Senior Administrator

With a naturally keen eye for detail and a background in management, Ms. Pires is able to draw upon her knowledge to serve clients, ensuring complete project documentation and adherence to state and federal law. Ms. Pires routinely serves as a second reviewer after the project/construction manager on all matters of money, such as change orders and invoices, to confirm funds are being spent accurately and judiciously. She also works in partnership with clients to maintain and improve document templates and file organzation. At project’s end Ms. Pires packages project files in a format of the client’s choosing.

In addition to supporting project/construction managers, Ms. Pires manages certified payroll for public works projects. She has worked on jobs subject to both California and Davis-Bacon prevailing wage law. Ms. Pires is currently overseeing certified payroll quality control on several projects for the City of Chula Vista and City of National City as well as Carlsbad Unified School District.

RELATED PROFESSIONAL EXPERIENCE

Magnolia Elementary School Modernization Project, Carlsbad Unified School District, Carlsbad, CA: This project is a full school modernization project including site accessibility updates, fire lane improvements, yard redevelopment and playground equipment replacement, perimeter fencing integration, security updates, select site utility updates, renovation of existing spaces including all classrooms, reconfiguration of the main entrance and main office, new buildings and campus-wide signage. Certified payroll and required monthly workforce reports are reviewed for 80+ subcontractors.

Construction cost: $18.8M, Role: Labor Compliance Officer

Horizontal Concrete Slicing Services, Chula Vista, CA: For this on-call contract, horizontal concrete slicing of heaving in sidewalk was performed all over the City of Chula Vista in compliance with ADA requirements. Each completed heave location and location that could not be found was reported along with photos.

Construction cost: $1.6M, Role: Senior Administrator/Labor Compliance Officer

Parkside Sewage Pump Station Upgrade, Chula Vista, CA: Improvements included replacement of the existing sewage pump station, installation of a new wet well, emergency storage vault, new pumps, new generator and parallel force main in Parkside Drive. Salvage and installation of odor controls, pump controls and SCADA system.

Construction cost: $1.35M, Role: Senior Administrator/Labor Compliance Officer

Boys & Girls Club Roof Replacement, Chula Vista, CA: Improvements included the removal of the existing metal roof and installation of a new standing seam metal roof and access ladders. The system included Kynar coated continuous panels with a fully seamed cap and transverse panels at all major roof penetrations with a 45-mil single ply roofing membrane.

Construction cost: $1.1M, Role: Senior Administrator /Labor Compliance Officer

PROPOSED ROLES
Senior Administrator
Labor Compliance Officer

YEARS OF EXPERIENCE
10 EDUCATION
B.S. in Biological Sciences
2006, Cornell University
Ithaca, NY

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

04/11/2023 C3 Page 136 of 209

Resume’ OLIVIA PIRES

Page 2 of 2 ends

Third Avenue Streetscape Improvement Project Phase III, Chula Vista, CA: A 200- foot corridor was enhanced and made safer for pedestrians, motorists and cyclists to access. Improvements provided shorter pedestrian crossings, more open sidewalks for the public to gather, enhanced community gateway features and directional signs, and enhanced crosswalks with decorative pavers. The project included excavation and grading, installation of pavement, curb and gutter, raised medians, pedestrian ramps, sidewalk, parking meters, storm drain replacement and cleanouts, pedestrian lighting, landscaping and irrigation, electrical systems, street furniture and striping. Due to funding being provided by SANDAG, there were regular payroll submissions to their consultant who was ultimately satisfied and reported no payroll deficiencies to SANDAG.

Construction cost: $3.2M, Role: Labor Compliance Officer

Rohr Park Restroom Replacement, Chula Vista, CA: Improvements included construction of a masonry block, dry stack-style restroom building with a metal roof, two community restrooms, a utility/mechanicals room and a storage room.

Work included all architecture and engineering, site preparation, utilities, grading, earthwork and excavations for these structures, backfill, mat foundation construction, sitework, landscaping and irrigation, building construction, building and foundation demolition and installation of an art piece on the north wall.

Construction cost: $738K, Role: Senior Administrator/Labor Compliance Officer

Sidewalk & Pavement Improvements at City Parks (2020-2021), Chula Vista, CA:

Improvements included the installation of sidewalk and pavement improvements at four city park locations: Eucalyptus Park, Los Niños Park, Rohr Park and Terra Nova Park.

Construction cost: $520K, Role: Senior Administrator/Labor Compliance Officer

Civic Center Basement Power Upgrade Project, National City, CA: This project updates the electrical standby power supply system in the Civic Center basement to allow continued operation of the city’s command center and computer servers throughout a citywide outage. Work included removing and replacing various lighting elementals to include conduit, wiring, grounding, hangers/supports, boxes, lighting control devices, switchboards, panelboards, transfer switches, surge protection and interior lighting.

Construction cost: $344K, Role: Senior Administrator/Labor Compliance Officer

CMP Rehabilitation Outside Right-of-Way (Phases I & II), Chula Vista, CA:

Improvements included repairing 19,600 linear feet of old/damaged corrugated metal pipe at 133 different locations ranging in pipe diameter from 10” to 180” using cured-in-place pipe (CIPP) lining and centrifugally-cast concrete pipe (CCCP) lining. An additional 5,800 linear feet of pipe repair was added via change orders.

Construction cost: $8.2M, Role: Senior Administrator/Labor Compliance Officer

Street Pavement Rehabilitation, Chula Vista, CA: Improvements included removing and replacing 2,200,000 square feet of old/damaged asphalt at 140 different locations within Chula Vista neighborhoods and collector streets.

Improvements also included new signing and striping, removing and replacing pedestrian ramps and cross gutters throughout above locations.

Construction cost: $6.3M, Role: Administrative Assistant/Labor Compliance Officer 04/11/2023 C3 Page 137 of 209

Amanda Vesco
Senior Administrator

Ms. Vesco has well over a decade of experience in construction administration.

Her responsibilities include aiding project managers in numerous capacities on capital improvement projects, administrative requirements and managing certified payroll for labor compliance projects.

Ms. Vesco has executed duties on municipal construction projects such as integrating staff schedules to existing project timelines to ensure they flow accordingly with state and federal law. Ms. Vesco has conducting multiple projects for the City of National City, City of Chula Vista and Civic San Diego for labor compliance/certified payroll quality control.

RELATED PROFESSIONAL EXPERIENCE

Phase III Housing Project, Sycuan Band of the Kumeyaay Nation, El Cajon, CA: This project is comprised of multiple stages to construct a 35.7 acres housing development. It establishes 25 new homes, a sewer treatment plant and a biofiltration basin. Included is the development of new streets, utility design and the installment of a wastewater treatment plant capable of supporting the new development. Each of the 3,000 square-foot homes is to be equipped with a multiple car garage and a variety of upgrade options to make each home unique.

Construction cost: $30M, Role: Senior Administrator

Paradise Creek Park Expansion, National City, CA: The general scope of work was to construct minor landscape grading, pathways, pavements, pedestrian safety, utility, shade structures, children's play area, adult fitness area, fencing, landscape drainage, park lighting, communications, irrigation, planting, and park maintenance. Specific improvements included site demolition, construction of curb ramps, cast-in-place concrete structures, walls and footings, porous concrete paving, aggregate base, grading, drainage improvements, signage, pavement markings and staining.

Construction cost: $2.5M, Role: Senior Administrator/Labor Compliance Officer

Paradise Creek Site Remediation and Improvements, National City, CA: A three- and-a-half acre contaminated soils remediation of a former public works site and construction of new city streets with related utility relocations. This project consists of construct grading, contaminated/impacted soil handling and removal, roadway, pedestrian safety, utility, drainage, street lighting, communications, landscaping, irrigation and related improvements along Harding Avenue and 21st Street and within the Paradise Creek Park site in National City.

Construction cost: $5.7M, Role: Senior Administrator/Labor Compliance Officer

14th Street Promenade, Civic San Diego, San Diego, CA: Improvements included construction of an expanded sidewalk area, curb and gutter, and new ADA pedestrian curb ramps with crosswalks. The project included the installation of four decomposed granite plazas, new decorative metal screens adjacent to the DG plazas. Upgrade the existing sewer and water lines. Installation of four additional streetlights, four industrial objects and a new linear trench grate.

PROPOSED ROLES
Senior Administrator
Labor Compliance Officer

YEARS OF EXPERIENCE
13 EDUCATION
Studied Psychology
Grossmont-Cuyamaca
El Cajon, CA

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

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Resume’ AMANDA VESCO

Page 2 of 2 ends

Construction cost: $1.4M, Role: Senior Administrator/Labor Compliance Officer

P-1 Sewer Upsize Project for Sweetwater High School, National City, CA: The proposed work consisted of open trench construction to remove and replace approximately 1,490 lineal feet of 8-inch diameter VCP with 12-inch diameter of PVC sewer main, manholes, laterals including pavement restoration, and placing a new sewer access road west of D Avenue.

Construction cost: $1.8M, Role: Senior Administrator/Labor Compliance Officer

Citywide Pedestrian Safety Improvements, National City, CA: This project replaced existing pedestrian push buttons with ADA-compliant APS push buttons and existing pedestrian signal heads with countdown pedestrian signal heads.

Construction cost: $335K, Role: Senior Administrator/Labor Compliance Officer

E. 4th Street Protected Left-Turn Enhancements, National City, CA: This project replaced existing permissive left-turn phases and signal heads with protected left- turn phases and signal heads on existing traffic signal poles and mast arms.

Construction cost: $103K, Role: Senior Administrator/Labor Compliance Officer

Fiber Optic Traffic Signal Interconnect Expansion Phase 2, National City, CA: This project installed a fiber optic and wireless traffic signal interconnect system along Division Street, 8th Street, 18th Street, Palm Avenue, Bay Marina Drive/Mile of Cars Way/24th Street and Tidelands Avenue. New equipment installed included new traffic controllers, switches, fiber patch cords, fiber distribution units, conflict monitors, network cables and fiber splice closures.

Construction cost: $368K, Role: Senior Administrator/Labor Compliance Officer

Pedestrian ADA Improvements, National City, CA: The project consisted of installing ADA curb ramps, cross walk striping, new pedestrian push button poles, new ADA compliant pedestrian push buttons and pedestrian countdown heads at eight signalized intersections.

Construction cost: $215K, Role: Senior Administrator/Labor Compliance Officer

Citywide Safety Lighting Enhancements, National City, CA: The project consisted of replacing existing safety light fixtures with new LED fixtures at 28 signalized intersections.

Construction cost: $70K, Role: Senior Administrator/Labor Compliance Officer

Sweetwater Road Safety Enhancements, National City, CA: The project consisted of installing raised medians, new striping and markings including crosswalks and bike lanes, new street lighting and conduit, new vehicle detection loops along and full depth street section removal and replacement, complete road 2” grind and overlay at Sweetwater Road between Stockman Street and Plaza Bonita Center Way.

Construction cost: $1.1M, Role: Senior Administrator/Labor Compliance Officer 04/11/2023 C3 Page 139 of 209

Mercedes Munoz
Administrative Assistant

Based on her military experience, Ms. Munoz is comfortable working in fast paced environments while carefully tending to her client’s needs. She has over five years of administrative experience and is well-versed in administrative and project duties. As the second reviewer on correspondence, she ensures all invoices, change orders, and project closeouts are complete and accurate. Ms. Munoz has worked closely for the City of National City on multiple projects offering her expertise.

As a labor compliance officer, it is her duty to oversee certified payroll and ensure the proper reporting of prevailing wages as well as advocate for any employee wage violations. Ms. Munoz has monitored certified payroll for school district and municipal clients.

RELATED PROFESSIONAL EXPERIENCE

NC Street Resurfacing FY21/22, National City, CA: The scope of work consists of grinding and exposing existing asphalt with new asphalt concrete overlay.

Improving pedestrian curb ramps, curb and gutter, bus pads, sidewalks with the installation of traffic signal loops.

Construction cost: $2.1M, Role: Administrative Assistant/Labor Compliance Officer

Paradise Creek Educational Park Extension, National City, CA: This phase of Paradise Creek Park upgrades expanded the park to connect to 18th Street and Hoover Avenue. The project is a modernization project with updates to landscape and irrigation, lightning, electrical and traffic improvements as well as safety improvements for pedestrian traffic. This project was funded by the Urban Greening Program.

Construction cost: $647K, Role: Administrative Assistant/Labor Compliance Officer

Storm Drain Repair on V Avenue, National City, CA: Improvements on this project consist of traffic control, mobilization and demobilization with the removal and replacement of 18-inch RCP and asphalt paving.

Construction cost: $38K, Role: Administrative Assistant/Labor Compliance Officer

PROPOSED ROLES
Administrative Assistant
Labor Compliance Officer

YEARS OF EXPERIENCE
6 EDUCATION
B.S. in Public Health Sciences
2021, American Military
University

CONTACT INFORMATION
4499 Ruffin Road
Suite 250
San Diego, CA 92123
Office: 858.634.8180
[email protected]

04/11/2023 C3 Page 140 of 209

4499 Ruffin Road, Suite 250 ppc-sd.com telephone 858.634.8180 San Diego, California 92123 facsimile 858.634.8184

Rate Schedule

Minimum billing increments shall be 0.25 hours.

Minimum daily billing for inspector is 4 hours.

Normal work hours: 8:00 a.m. – 5:00 p.m.

PPC holidays in accordance with our handbook are
New Year’s Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Day after
Thanksgiving Day, Christmas Day and New Year’s
Eve.

Overtime shall be billed at the normal hourly rates
for all staff.

Copies are only charged for outside services for
large sets. Mileage charged at the current federal
rate. Markups per contract.

TITLE HOURLY RATE

President/CEO $315
Principal Project/Construction Manager 265
Senior Project/Construction Manager 226
Project/Construction Manager II 181
Project/Construction Manager I 142
Principal Civil Engineer 265
Architect, Principal Project/Construction
Manager 265
Building Official Specialist 226
Communications Director 145
Senior Administrator 112
Administrative Assistant 101
Drone Flight Imaging 100

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00110686 1 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 04/11/2023 C3 Page 142 of 209

00110686 1 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 04/11/2023 C3 Page 143 of 209

00110686 1 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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04/11/2023 C3 Page 145 of 209

00110686 1 Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

04/11/2023 C3 Page 146 of 209

00110649 1 1 of 10 VALLEY CONSTRUCTION MANAGEMENT
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CONTRACT FOR PROFESSIONAL SERVICES

AS-NEEDED CONSTRUCTION MANAGEMENT SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Matt Atteberry
Billing Contact: Erin Adams
The “Contractor”
VALLEY CM, INC., a California S corporation
dba VALLEY CONSTRUCTION

MANAGEMENT
3525 Del Mar Heights Rd, Ste 192
San Diego, CA 92130
Contact: Paul Mochel

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in (“Exhibit A”).

2.2 The “Required License” for the Services is: N/A.

2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.

2.4 The “Project” for which the Services are required is described in Exhibit A.

2.5 Contractor has submitted to City a Proposal to perform the Services dated February 15, 2023 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is: $450,000.

2.7 This Contract requires the payment of prevailing wages. As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the Labor Law Compliance Form (Exhibit D).

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional 24 months, in increments of City’s choice, for a maximum Term of 60 from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the 04/11/2023 C3 Page 147 of 209EXHIBIT 6

00110649 1 2 of 10 VALLEY CONSTRUCTION MANAGEMENT
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documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies, and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material, and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished, and installed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

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5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E and the Standard Specifications (defined below).

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.

9.0 STANDARD OF PERFORMANCE

9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

10.0 STANDARD SPECIFICATIONS AND STANDARD PLANS

10.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:

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00110649 1 4 of 10 VALLEY CONSTRUCTION MANAGEMENT
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Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.

10.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:

San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.

11.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:

City: The City of Vista.

Board: The City Council of the City of Vista.

Drawings or Plans: All drawings, plans, maps, profiles, and diagrams delineating the work on the Services.

12.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

12.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

12.2 Contractor represents and warrants that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.

12.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

12.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

12.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and 04/11/2023 C3 Page 150 of 209

00110649 1 5 of 10 VALLEY CONSTRUCTION MANAGEMENT
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subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

12.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.

13.0 CIVIL RIGHTS

13.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

13.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

13.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

13.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

13.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

13.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

13.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not 04/11/2023 C3 Page 151 of 209

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limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

14.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

15.0 ASSIGNMENT AND SUBCONSULTING

15.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

15.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

16.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.

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17.0 FINANCIAL` RECORDS

17.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

17.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

18.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

19.0 CONFIDENTIALITY

19.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

19.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

19.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
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20.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent, or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

21.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

22.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

23.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

24.0 SERVICE OF NOTICE

24.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the 04/11/2023 C3 Page 154 of 209

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address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

24.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

28.0 PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774–1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.

No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

29.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original 04/11/2023 C3 Page 155 of 209

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00110649 1 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS

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00110649 1 Exhibit B

EXHIBIT B
CONTRACTOR’S PROPOSAL

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1 Proposal for
As-Needed Construction Management Services
February 15, 2023

Ms. Erin Adams
City of Vista
Management Analyst
200 Civic Center Drive
Vista, CA 92084

Subject: Proposal for As-Needed Construction Management Services

Dear Ms. Adams:

Valley Construction Management is uniquely qualified to provide As-Needed Construction Management Services for this project for the following reasons.

• We Specialize in Construction Management and Inspection.

Valley CM was founded SOLELY to provide construction management and inspection of public works projects including water, wastewater, parks, paving and roadway improvement projects. Since our founding in 2007, Valley CM’s depth of experience and focused specialty has been entrusted to perform construction management and inspection services on over $250,000,000 worth of public construction projects. Valley CM’s narrow focus allows us to realize significant economic advantages while committing to maintaining a depth of specialized experience.

This commitment is driven by Valley CM’s founder’s passion for the challenges of this type of work. Valley CM is a WBE certified (VON #9IS00044) by the California Public Utilities Commission. Valley CM performed as- needed Construction Management services for the City of Vista from 2014-2021 and is very familiar with City’s processes (contract award, NTP, Progress Payments, Change Orders, NTP, etc.) required for a successful project.

• We Bring the Contractor’s Perspective to the Owner’s Side of the Table.

Valley CM’s senior staff all have significant experience as both a general contractor and an owner’s representative.

This contractor experience aids tremendously in seeing the big picture, anticipating problems, and keeping the project moving to successful completion.

• Recent & Relevant Experiences
Valley CM has assembled a veteran team of licensed engineers, certified construction managers and QSD/QSPs that brings recent and relevant experience to the City and has an established track record of successful projects with over 50+ years of combined experience in the public works CIP projects. Valley CM will not make any changes to the project team without City authorization.

o Paul Mochel, PE, CCM, QSP/QSD is the founder of Valley CM and has over 26 years’ experience in public works construction.
o Jeff Moody, PE, CCM, CWI, QSP/QSD has over 24 years’ experience in public works construction.
o Lisa Laszlo, CCM, CWI has over 26 years’ experience in public works construction. o Chris Marquardt, CCM, QSP, QISP has over 20 years’ experience in water and wastewater. o George Foote has over 37 years’ experience in publics works construction specializing in water and wastewater projects and is a certified P6 Scheduler.

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• Proven Techniques and Methodologies
Valley CM has methodologies and techniques in place that have proven successful on past projects. These include a project planning meeting where we go over every page of the plans and specifications in detail with the contractor before the preconstruction meeting and discuss their bid approach. We also use Raken Daily Reporting software that runs through an app on our smart phones. This software eliminates the old, time consuming way of handwriting daily reports and allows for a more detailed and thorough daily report that is compiled on a near real- time basis and can be emailed to City staff each day. We also use Smart Sheet (a cloud based excel spreadsheet document control system) to compile a one-line summary for each daily report and attached all reports for that day (inspection, soils, special inspection) so searching the project records are incredibly efficient for projects. We also use Smart Sheet for all document control (submittals, RFIs, change orders, etc.) on the project.

Valley CM is committed to the successful completion of the project and in the past has taken extraordinary steps to ensure this success including filling out contractor’s T&M sheets, assisting them with key scheduling ideas that must be addressed for the project, providing direction on how to prepare submittals, and providing help with other required paperwork that contractor’s often have trouble producing.

Valley CM takes no exceptions to the RFQ including the professional services agreement or insurance requirements.

Valley CM has successfully executed several previous Professional Service Agreements with the City of Vista in the last 9 years.

Sincerely,
Valley Construction Management

Paul Mochel, PE, CCM
Principal Construction Manager
Authorized to sign on the firm’s behalf.

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2. COMPANY INFORMATION

a. Legal name and address of company
Valley CM, Inc.

DBA: Valley Construction
Management
3525 Del Mar Heights Road #192
San Diego, CA 92130
b. Legal form of company
California S-Corporation. State
Corporation No. C2598602
Fed Tax ID: 20-8309093
c. Address of office from which project
will be managed
3525 Del Mar Heights Road #192
San Diego, CA 92130

d. Number of years company has
maintained this office
16 Years
e. Number of employees in the office
7 employees
f. Name, title, address and telephone
number of contact person for
proposal
Paul Mochel, Construction Manager
3525 Del Mar Heights Road #192
San Diego, CA 92130
858-444-6804
g. Department of Industrial Relations
Registration #1000033788

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3. PROPOSED TASK ORDER APPROACH
As-Needed CM work requires sufficient resources and scheduling to meet the City’s demands over the 3-year duration of the contract. Valley CM has significant experience managing as-needed contracts for the City of Vista, Olivenhain Municipal Water District and Otay Water District. Valley CM’s smaller size allows us the flexibility to meet City demands for construction managers. Valley CM construction managers typically run several projects at one time and are extremely capable of successfully representing the City on multiple projects. Our construction managers can also provide inspection services as needed.

Valley CM’s task order proposal will have a breakdown of total hours and estimated percentage of hours/day inspection is expected to require. Valley CM reviews the hours expended vs hour to complete at 25%, 50% and 75% to see if remaining budget will cover inspector through the project completion. A report will be provided to the City at each of these intervals to let the City know if the current budget is sufficient or an amendment may be required. By tracking through 25%, 50% and 75% expenditures, the City has a clear and early understanding of any potential budget extensions and there is sufficient time to gain any required approval for a budget extension.

Valley CM has extensive experience managing CM effort and supervision of inspection staff. Valley CM will provide weekly schedule updates to City staff as well as conversations and emails to alert City staff of any changes in schedule or potential change orders. Valley CM will present a monthly progress report to the City to provide a summary of the project for use by the City in presenting the project to other departments or the council. The report will outline in text, with supporting photo documentation, the progress of the project including financial status of the construction and CM contract, schedule status change order status and copies of all project logs (RFI’s, submittals, change orders, correspondence, etc.).

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4. PROJECT TEAM AND ORGANIZATION CHART
Valley CM staff have significant contractor experience in the water and wastewater industry which aids tremendously in seeing the big picture, anticipating problems, and keeping the project moving to successful completion. Valley CM firmly believes that by bringing the contractor’s perspective to the owner’s side of the table, we can be a proactive participant in the project and anticipate and mitigate problems with the contractor.

Valley CM has assembled a veteran team of licensed engineers, certified construction managers and QSD/QSPs that brings recent and relevant experience to the City and has an established track record of successful projects with over 100+ years of combined experience in the public works construction industry.

Paul Mochel, PE, CCM, CWI will be the Principal Construction Manager for the entire duration of the contract.

Paul is a proven leader whose career includes 25+ years’ experience on all sides of the public works construction industry. He started his career as a water and wastewater CIP inspector for the City of San Diego, continued as a project manager for a local underground contractor specializing in open cut and microtunneling and then transitioned to a construction manager for various Cities and Special Districts in Southern California. This well-rounded experience allows Paul to see the big picture for projects as well as have an intimate knowledge of the small details that are required for a project to be successful. As founder of Valley CM, Paul is personally committed to the success of the City’s projects and to remaining the construction manager for the complete duration of this contract. Paul’s commitment to construction management results in an ever-growing experience and knowledge base that can assist the City in maximizing the success of the project.

Lisa Craig, CCM, CWI, QSP Lisa has over 24 years of construction field experience working for an water and wastewater contractors and heavy civil construction including 16 years’ experience supervising crews. Her projects have included water and wastewater treatment plants, open cut construction, jack & bore tunnels and CIPP lining for public and private clients. She has extensive experience in estimating, cost analysis and project controls. Her experience working as a general contractor from the laborer level to project manager allows Lisa to anticipate problems and the contractor’s actions to minimize change orders and delays. Lisa is a certified welding inspector, certified public infrastructure inspector and certified recycled water cross connection specialist.

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Chris Marquardt, CCM, ICC, QSP, QISP will be the project inspector and has over 18 years of construction field inspection experience working on complex public works construction projects including pump stations, open cut pipeline installation, trenchless pipeline installation including microtunneling, jack & bore, and CIPP lining as well as paving, manhole construction and ROW inspection. Other projects include CMU and reinforced concrete structures, post tension concrete parking structures, military base barracks and Naval fuel storage and delivery facilities. Chris also has extensive experience providing storm water compliance (QSP) services to various public agencies and general contractors. Chris has worked for private firms as well as public agencies and understands responsibilities of all stakeholders. Chris has actively sought training and Certification throughout his career. He holds many certifications from NASSCO, ICC, State Water Board and American Concrete Institute.

George Foote (Valley CM) George has over 37+ years of construction experience in the water and wastewater industry, Having worked his way up from contractor project manager to President of West Coast Operations of a large treatment plant contractor, George understands the complexity, nuances and synergy required for a successful construction project. George has been responsible for building over 200 municipal water, wastewater treatment plants, electrical upgrades, pump station and lift stations in California, Colorado, and Texas. George is also certified in Primavera 6 scheduling software which will help tremendously in the complex scheduling of the phasing of this project.

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5. EXPERIENCE

CM Philosophy

Valley CM was founded solely to provide Construction Management and Inspection for water and wastewater projects ONLY. By narrowing the focus of what we do, we can provide the highest level of service and knowledge for our clients. Our narrow focus allows Valley CM to realize significant economic advantages while maintaining a depth of specialized experience. This commitment is driven by Valley CM’s founder’s passion for the challenges of this type of work.

Valley CM is an advocate for the project. We are spending the public’s money and the CM needs to ensure it is spent properly. Being an adversarial or pushover CM doesn’t benefit anybody. Valley CM’s collaborative approach will treat each stakeholder in a professional and consistent manner. Once the contractors know our expectations, see that the documents are being interpreted in a consistent manner, and that all stakeholders are being treated in a fair and equitable manner, they will respond in a like manner. This approach will create fewer problems in administering the project and has worked well on past projects.

Setting the right tone at the beginning of the project can make or break the project. Valley CM has found that helping the contractor understand upfront exactly what the CM team expects of them pays dividends down the road.

The contractor’s superintendents and foreman typically do not review the plans and specifications until shortly before the project starts. We’ve found that by being proactive in assisting the contractor to understand the contract requirements up front, we develop a mutual respect with the contractor and a good working relationship.

The right personnel are proactive, solutions oriented with significant and relevant project experience that can resolve issues at the lowest levels. Valley CM’s core staff have significant contractor experience which aids tremendously in seeing the big picture, anticipating problems, and keeping the project moving to successful completion. Valley CM firmly believes that by bringing the contractor’s perspective to the owner’s side of the table, we can be a proactive participant in the project and anticipate and mitigate problems with the contractor. The right personnel are well managed by senior staff and sensitive to the need to have a seamless integration with the City staff.

Construction Management/Inspection Techniques

Project Planning Meeting
Valley CM holds a Project Planning Meeting with the contractor prior to the pre-construction meeting. At this meeting, the CM and Contractor (including the foreman and estimator) review every page of the plans and specifications to flush out problems, discrepancies. We discuss the contractor’s proposed plan to complete the project to foresee any problems and discuss in detail the inspection requirements, shutdown requirements and other owner requirements for the project. The contractor will be asked to bring their bid estimate to the meeting. Resolving issues at this time has saved other clients significant time and costs. This meeting also has the beneficial effect of becoming a meaningful partnering session without anybody realizing it. This is the first time all relevant parties are face to face to begin developing a collaborative working relationship. The contractor will see exactly how the CM teams interprets any issues they bring up. By responding in a fair and reasonable manner, the contractor will respond likewise and start the project with the correct tone and build collaboration. These meetings have lasted from a few hours to an entire week. Contractors often state they wish all their projects had these meetings. One of these meetings resulted in the discovery that half of the instrumentation drawings for a water treatment plant were missing 04/11/2023 C3 Page 194 of 209

8 Proposal for
As-Needed Construction Management Services
from the bid set. The costs to correct this problem were significantly cheaper prior to construction. Discovering and solving problems prior to mobilization is significantly easier and often at reduced or no costs.

Risk Management
Change order management begins at the project planning meeting to flush out any problems and address them quickly and typically at a lesser cost than if encountered during construction. The contractor is also instructed of the proper procedure that must be followed for claiming a change condition during construction. During construction Valley CM’s inspectors are trained to follow the proper procedures for documenting changed conditions. Quick response to a change condition is essential. Valley CM’s contractor experience allows a thorough preliminary evaluation of all requested changes for appropriateness, cost-effectiveness, confirmation of entitlement and time impact prior to issuing it to the contractor a request for quotation. Valley CM typically prepares an independent estimates and schedule impact analyses for larger proposed changes to be used as a baseline for negotiations. We maintain a fair and objective approach to negotiations and assure that appropriate changes are authorized in a timely manner. The money is the blood of this project and must be constantly monitored to ensure an efficient completion of the projects. RESOLVED DISPUTES DO NOT BECOME CLAIMS! Valley CM has litigation experience on both the owner’s and contractor’s side. This experience reinforces the key to successful claims management is to resolve them quickly and fairly. Valley CM settled a $1.1M delay claim due to significant design errors for $400K because it was settled quickly and reasonably.

Quality Assurance/Quality Control
An accurate description of the work is key to successful inspections. The inspectors daily report needs to tell a story to someone reading it years from now about how the project was built. Using Note Vault daily report software allows our inspector to provide incredibly detailed reports on multiple projects throughout the day due to the ease of use of the software. Note Vault saves our inspectors 2-3 hours per week that were previously spent on completing daily reports. These are 2-3 additional hours that can be spent in the field observing construction projects instead of processing paperwork. Additionally, the City has almost immediate access to the daily reports.

Public Relations
Valley CM recognizes that community relationships can be as important as the technical side of this project. We pride ourselves in being “good neighbors” in the community for all projects. Proactive communication with the affected public before, during and after the project can go a long way to contributing to the success of the project.

It is Valley CM’s policy to provide cell phone numbers (answered 24 hours/day) to the public to allow direct access to the project personnel who can answer questions or solve their field/construction problems quickly.

Detailed Scope of Work
Valley CM has successful performed all the items listed in the Scope of Required Services for this project. We have specialized experience in completing the required scope of services as follows:

Document Control
Valley CM utilizes Smartsheet, a cloud-based project management software program. All project documents (submittals, RFI’s, logs, test reports, meeting minutes, progress payments, etc.) are transmitted, logged and shared electronically utilizing this cloud-based system. Each user (City, Contractor and Valley CM) has separate login credentials that allows easy tracking of all use and restricted access to specific areas as needed. A dependable and simple document control system is the key to managing claims. At the end of the project, a thumb drive with all the electronic copies will be turned over to the City.

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9 Proposal for
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Requests for Information (RFI’s)
Valley CM will manage contractor requests for information (RFI’s) during construction. The status of RFI’s will be accounted for in the RFI log. Valley CM believes that RFI’s should be processed at the lowest level possible.

RFI’s will be reviewing, and a response drafted for City review. If required, Valley CM will forward to the Designer for further review. Valley CM will respond to RFI's typically in less than working 2 days.

Shop Drawings & Submittal Reviews
Valley CM will log in, track, process, and review submittals, plans, profiles, and shop drawings. Valley CM will review each submittal for completeness and compliance with all contract requirements. Submittals such as pipe material, fittings, etc. can be reviewed and approved by Valley CM with any deviations sent to the Designer for approval if the City requires. All submittals will be tracked on the submittal log and be converted to PDF format and stored in the projects document control system.

Reports, Certifications and Tests
Valley CM staff reviews all lab report and material test inspection for conformance with the project requirements Any non-conformance issues are immediately brought to our attention, documented and tracked until resolved.

Labor Compliance
Valley CM staff will review the State of California DIR website to ensure the contractor and subcontractor is current with all certified payroll submissions. As this project has grant fund, original hard copies will also be required to be submitted to Valley CM for review. The satisfactory completion of these items is a prerequisite for processing the monthly progress payment estimate.

Meetings
Valley CM will coordinate with the City, contractor and appropriate Agencies and chair all meetings. Valley CM has standard agendas for the preconstruction meeting and progress meeting that will be modified for this contract.

Valley CM will hold bi-weekly progress meetings with the contractor and their appropriate subcontractors to review construction progress. We will keep minutes of the meetings, assigning action items, responsibilities, and documenting project trends. Minutes will be distributed within 2 days of the progress meeting. Meetings will include reviewing the contractor's three-week look ahead schedule (including shutdown and tie-in work), submittals and RFI/design clarification status, potential change orders and change orders, delays and potential claims, construction problem resolution and public outreach issues. Minutes will include a copy of the latest submittal, RFI and change order logs.

Change Orders
Valley CM will manage the change order process to help obtain a fair and reasonable price for legitimate extra work items. We will request and log change order (extra work) quotations as requested by the City or contractor, and will coordinate the preparation of any revised specifications and/or sketches needed to define the scope of the extra work. In each case, until a potential extra work item is confirmed and executed as a change order (or is dropped), it will be assigned a potential change order (PCO) number to facilitate tracking and filing. In this manner, several potential change orders can subsequently be incorporated into a single contract change order. Change order work performed on a time-and-materials basis will be verified daily. Valley CM will enter the change order work activities into the CPM schedule to verify requested time extensions impacts accompanying the change order. A detailed change order cost estimate with which to compare and negotiate the contractor's cost quotation will be prepared for larger change orders. Valley CM will then recommend acceptance or rejection of the terms of the 04/11/2023 C3 Page 196 of 209

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change order to the City. If the change order is accepted, Valley CM will prepare the document for signature. If there is disputed extra work, Valley CM will work with the City and contractor until the item has been satisfactorily resolved. If it is not resolved, Valley CM will track the item as a potential claim. Change order status will be included in the monthly status report.

Valley CM will take the lead in the resolution of any contract claims for this project during the construction contract period. We will keep current logs of Notice of Potential Claims and will prepare documents and supporting evidence regarding claims. Information on each individual Notice of Potential Claim will be kept separately in the project files. Valley CM will provide complete documentation, a claims response strategy, and cost analysis for the City review. However, it is Valley CM’s intent to resolve claims and disputed work quickly and fairly as our experience has proven this typically results in the lowest cost to the City. Valley CM does not anticipate any claims on this project.

Construction Observation
Valley CM understands that an inspector’s role is multi-faceted, and they must be experienced in a wide variety of construction methods, techniques, and construction practices. That is why Valley CM focuses SOLEY on public works water and wastewater projects. This allows all our staff to provide a significant depth of specialized experience.

Valley CM will provide full-time inspection services to monitor the contractor's work for contract compliance during construction. Valley CM’s inspector will document the contractor's daily work activities and compliance with all City and Agency standard specifications for utility materials and installation procedures through preparation of daily construction reports and logs. Logs will include verbal, electronic and telephone conversations, material certification for compliance with the contract, compaction results, pipe testing result, reinforced concrete inspection, concrete strength testing and coordination and verification of all 3rd part quality control testing. For this project, the 3rd party QC consultant will be provided and paid for by the City with coordination required by Valley CM.

Deficient work will be identified, tracked, and corrected using advisory notices and non-conformance reporting systems. Any damage to private or public property will be tracked, resolved, and reported in a timely manner.

Compliance with all agency encroachment and other permits will be monitored and reported. All materials will be verified and documented for compliance with plans, specifications, and approved submittals.

Valley CM will perform a final project walkthrough with the City and contractor to prepare the final punch list.

Any items remaining from preliminary punch lists and logs of nonconforming work will be added. Items from the post-construction conditions survey will be added and both the contractor and Valley CM will sign off on the completion of each punch list item.

Daily Inspection Reports
Valley CM utilizes Note Vault software for preparation of our daily reports. Note Vault is a software app that allows our inspector to speak their notes regarding the description of the current activities. Photographs can be tagged to each specific note entry. The voice notes are then transcribed, and the daily report is automatically generated for review by the inspector prior to submission daily. This application virtually eliminates the old, time- consuming way of handwriting daily reports and allows for a more detailed and thorough daily report. The daily report automatically pulls the current, local weather three times during the day and allows the easy input of labor and equipment used. Additionally, the City has almost immediate access to the daily reports.

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11 Proposal for
As-Needed Construction Management Services
Coordinate Geotechnical, Material and Specialty Testing and Inspection Valley CM requires all subconsultants to check in with the inspector when they arrive on site and leave the site.

This allows us to accurately monitor their time/budget and ensure all the required testing is complete. Valley CM also requests that the daily reports be provide prior to leaving the site or emailed to us the next business day. Any non-conformance issues are immediately brought to our attention and documented through resolution.

Photographs
Digital photos and video records will be taken of work progress (and preconstruction conditions) to document the contractor's work. The photographs are stored in Nolte Vault software which can be search by key words. Valley CM’s inspectors are skilled at taking photographs from a variety of angles to provide a thorough visual description of the project for future reference. Drone photograph and videos will be taken of the project on a regular basis.

Drone photographs can provide a unique perspective of the construction project that is often helpful for reports to the Board of Directors.

Materials Testing
Leighton Consulting will be providing geotechnical, material testing and special inspection services. Leighton has been performing engineering, materials testing, and special inspection services in San Diego for 50 years. Their laboratories are certified by Caltrans, DSA and AASHTO with staff certified by Caltrans and NICET. Leighton and Valley CM have worked on numerous projects over the last 5 years and have developed a very cooperative working relationship. Leighton has a significant depth of technicians that can provide the required services for the project.

Pay Requests
Valley CM will review the contractor’s Schedule of Values to ensure it represents an appropriate detailed cost breakdown for each lump sum item as required by the contract. Valley CM will review the monthly Progress Payment Request to ensure it represent the actual work completed that month and provide a recommendation to the City for payment. Valley CM will maintain red-line markups of the contract drawings showing all change order items and RFIs/design clarifications, as well as other information regarding underground utilities and information useful to the City for future maintenance and construction. Valley CM will review the contractor's set of marked up drawings to verify completeness prior to processing the monthly pay estimate. Compliance with certified payroll requirements will also be required to process the pay estimate.

Valley CM’s team will review the contractor’s baseline Critical Path Method (CPM) schedule to ensure that the sequencing and durations reflect a true representation of the construction. We will check the logic network and the activity input durations and precedents for reasonableness of the sequence and duration of the activities. Specified construction sequencing, shutdown and scheduling constraints, interfacing with adjacent contracts, as well as all submittals, procurement, construction, shutdowns and tie-ins and closeout actives that are included for work will be confirmed. Valley CM will also perform detailed reviews of the contractor’s monthly schedule update to ensure that actual work progress based upon their records is properly incorporated, including the impacts of any change order work. Valley CM will also maintain its own “As-Built” schedule for verifying the contractor’s schedule.

Valley CM will require the contractor to prepare a recovery schedule when any critical path falls significantly behind schedule and will monitor its effectiveness in restoring the schedule. Valley CM will also review the weekly 3-week look-ahead schedule against the current approved schedule to determine if the project is slipping behind schedule. It is easier to correct smaller delays discovered on a weekly basis than a larger delay monthly.

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12 Proposal for
As-Needed Construction Management Services
Project Experience
The following projects were selected to demonstrate Valley CM’s experience with street/roadway reconstruction projects, gravity sewer pipeline installation, CIPP sewer rehabilitation and lift station projects. Please feel free to call any of the references listed in the project experience section to verify Valley CM’s experience and performance on the projects.

South Santa Fe Streetscape Improvements Project-Phase 1, 2 & 3 Client: City of Vista
Cost: $30 Million
Owner PM: Greg Mayer 760-6473-5408
Key Staff: Paul Mochel

Valley CM provide Construction Management services for this award winning, green street improvement project. Valley CM staff worked closely with City staff who provided inspection for the project. The project included in the installation of multiple round-a-bouts bio-swale median filtration, silva cell storm water treatment, new sidewalks, rubberized asphalt, custom concrete sidewalk finishes and other pedestrian friendly items. All phases included the underground conversion of all overhead utilities and significant wet utilities relocation in preparation for the improvements. The keystone of the site was a custom-made archway sign unveiled at the grand opening of this newly revitalized area.

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13 Proposal for
As-Needed Construction Management Services
Age and Condition Related Sewer Rehabilitation (CIP 8165 & 8175) Client: City of Vista
Cost: $4.8 Million
Owner PM: Tony White 619-212-3554
Key Staff: Paul Mochel

Construction Manager for City of Vista CIP sewer rehabilitation project. Work performed included cured in place pipe liners (CIPP)and manhole cover upgrades. Over 105,000 feet of 8” pipe liner, 1,500 of 10” pipe liner and 1,900 feet of 12” pipe liner. In addition there were over 1,200 service lateral connection repairs using T- Liner technology.

There were also multiple in pipe point repairs. CCTV assessment of pre lined pipe performed to determine CIPP rehabilitation feasibility. Pre construction site assessments to determine right of ways and city easements before construction of manhole cover replacements and upgrades. Inspection of all CIPP installations ensuring material and procedures compliant with ASTM and NASSCO standards. Sample scheduling and chain of custody management of CIPP samples with laboratory performed. Resident questions and complaints mediated for the City with no unresolved issues.

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14 Proposal for
As-Needed Construction Management Services
Valley CM has successfully performed construction management services for these additional City project since in the last 9 years.
• CIP 8142-Minor Traffic Signal Modifications
• CIP 8202-Thibodo to Watson Way Sewer Replacement
• CIP 8225-Street Rehabilitation and Reconstruction
o Multiple slurry seal and asphalt paving projects throughout the City. o Beverly Drive Drainage Project
• CIP 8262-2014 Slurry Seal Project
• CIP 8265-Wave Waterpark Spray Ground Replacement
• CIP 8267-Public Works Yard Improvement Project
• CIP 8268-East Vista Way Raised Median Project
• CIP 8270-Traffic Signal Interconnect & Upgrade
• CIP 8274 Small Diameter Pipe Rehabilitation Project
• CIP 8276-Skate Park Design Build
• CIP 8283-Traffic Signal at Bobier and North Anza
• CIP 8290-2018 Mobility Project
• CIP 8294-Civic Center Widening at Postal Way
• CIP 8302-Main Street Parking Project
• CIP 8309 Traffic Signal Interconnect & Upgrade North

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Presented By:
3525 Del Mar Heights Rd
Suite 192
San Diego, CA 92130
1 858 444 6804
www.ValleyCM.com
Proposal for As-Needed Professional
Construction Management Services

RATE SCHEDULE
Subm ission Date :

February 15, 2023
04/11/2023 C3 Page 202 of 209

3525 Del Mar Heights Rd Suite 192
San Diego, CA 92130
866 966 2720
[email protected]

www.ValleyCM.com

City of Vista
As-Needed Construction Management Services
Rate Schedule

The following rates are firm for the three (3) years of the proposed contract and based on prevailing wage rates. Valley CM rates*

Name Title Hourly
Rate
Paul Mochel, PE, CCM Principal Construction Manager $195 Lisa Laszlo, CCM, CWI Construction Manager $185
Chris Marquardt Construction Manager $185
George Foote Construction Manager $185
*Rates include all direct charges (cell phone, laptop, vehicle, etc.)

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3525 Del Mar Heights Rd
Suite 192
San Diego, CA 92130
1 858 444 6804
www.ValleyM.com
[email protected]
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00110649 1 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 04/11/2023 C3 Page 205 of 209

00110649 1 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 04/11/2023 C3 Page 206 of 209

00110649 1 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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00110649 1 Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

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